JK 7525 
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CIVIL GOVERNMENT 

-OF- 

IDAHO 


FOR THE USE OF SCHOOLS 


BY 

C. E. ROSE 

n 

PRINCIPAL OF THE HIGH SCHOOL 
AND 

TEACHER OF AMERICAN HISTORY AND 
GOVERNMENT 


BOISE, IDAHO 


1912 

SYMS-YORK CO., INC., PUBLISHERS 
BOISE. IDAHO 





CopyTitht2l912 by!c. E.[Rose 




\s 


^ Cl. A 312 17 2 



PREFACE 


“Nothing will ruin the country if the 
people themselves will undertake its safety; 
and nothing can save it if they leave that 
safety in any hands but their own ” 

—Daniel Webster. 

This little volume will have served its purpose if 
it can be used as an aid in making the young citizens 
of Idaho familiar with our political institutions. The 
school should have as a main object the preparation 
of its children for the duties of citizenship. This 
preparation can in no way be complete, unless the 
young citizen, sent out by the school, meets the duties 
of citizenship with a steadfastness of purpose which 
comes only with a true conception of one’s rights 
and duties as ordained by the State, of the import¬ 
ance and the sacredness of the ballot, and of the 
scope of the various units of government. 

The course in civil government cannot be complete 
by studying merely a general work on the subject. 
There are many volumes published which meet every 
requirement for a careful study of our National gov¬ 
ernment, and of the smaller units in general. This 
volume should be used to supplement the general 
work by presenting the facts peculiar to our own 
State and local governments. The questions at the 
close of each chapter are given in the hope of creat¬ 
ing interest by suggesting lines of supplementary 


4 


PREFACE 


work which are indispensable to a thorough course in 
civil government. 

I wish to take this opportunity to express my sin¬ 
cere appreciation of the kindness of those who have 
added much to the value of this volume by their help¬ 
ful corrections and criticisms. For this favor, I am 
under great obligations to Miss Grace M. Shepherd, 
State Superintendent of Public Instruction; her 
Deputy, Miss Bernice McCoy, former County Su¬ 
perintendent of Nez Perce County; Hon. George H. 
Roberts, former Attorney General of Nebraska and 
of Idaho; Capt. E. G. Davis, Representative from 
Oneida County, and former Instructor in Constitu¬ 
tional Law at West Point; and Supt. 0. M. Elliott, of 
the Twin Falls Public Schools. 

C. E. Rose. 

BOISE HIGH SCHOOL, 

March, 1912. 


CONTENTS 


I. INTRODUCTION 

Origin of Government; Rights and Duties; Forms of 
Government; The United States; The State; The Coun¬ 
ty; The Township; The Incorporated Town or City; 
The School District; The Home; No Conflict of Author¬ 
ity; The State of Idaho. 

II. ELECTIONS AND VOTING 

The Precinct; Qualifications of Voters; Disqualified 
from Voting; Elector’s Oath; Importance of Voting; 
Australian Ballot System; Model Polling Place; Sample 
Ticket; Election Officers and Duties; How to Vote; The 
Primary Election; How to Become a Candidate; Official 
Primary Ballot; Counting Votes and Determining Who 
Are Nominated; Central Committees. 

III. THE SCHOOL DISTRICT 

Need of Schools; School Districts; Annual Meeting; 
Board of Trustees; Meetings of Board; Duties and 
Powers of Trustees; School Census; School Funds; Ap¬ 
portionment of County School Fund; Independent School 
Districts; Boise, Lewiston, and Emmett; Rural High 
Schools; Prevention of Disease; Compulsory Educa¬ 
tion. 

IV. MUNICIPAL CORPORATIONS 

Municipal Corporations; Cities Under Special Charter; 
City of the Second Class; City Officers; The Village; 
Organization as a Village; Organization as a City; 
Commission Form of Government. 

V. THE COUNTY 

The County and Its Officers; County Commissioners; 
Sheriff; Treasurer; Probate Judge and Court; Delinquent 
Child Defined; Juvenile Disorderly Person Defined; 
Proceedings Against Such Children; County Superin¬ 
tendent; Assessor and Collector; Coroner; Surveyor; 
Clerk of the District Court; Prosecuting Attorney; Pre¬ 
cinct and Precinct Officers; Justice of the Peace; Con¬ 
stable; Road Districts; Salaries; Fees; Counties and 
County Seats. 

VI. THE JUDICIAL DISTRICT 

The Judicial Districts; District Judge; Qualifications 
and Disqualifications; Jurisdiction of District Court; 
Kinds of Actions at Law; How Brought to Trial; Trial 
by Jury; Jurors; Qualifications, Disqualifications, and 
Exemptions; The Grand Jury. 

VII. THE STATE OF IDAHO 

Idaho; Admission as a State; State Boundaries; Pre¬ 
amble to State Constitution; State Seal; Declaration of 
Rights; Departments of Government. 

VIII. LEGISLATIVE DEPARTMENT 

Senate and House of Representatives; Election and 
Qualifications of Members; Privileges; Salary; Sessions; 
Officers and Attaches; Duties of Houses Separately; 
How a Bill Becomes a Law; Miscellaneous Provisions. 


PAGE 

7 


14 


26 


35 


42 


53 


59 


64 


6 


CONTENTS 


IX. EXECUTIVE DEPARTMENT 

Executive Department; Qualifications for State Offices; 
Governor; Powers and Duties; Lieutenant Governor; 
Secretary of State; Auditor; Treasurer; Attorney Gen¬ 
eral; Superintendent; Other Officers, Boards and Com¬ 
missions; Mine Inspector; Engineer; Fish and Game 
Warden; Insurance Commissioner; Commissioner of 
Immigration, Labor and Statistics; Board of Horticul¬ 
tural Inspection; Board of Health; Live Stock Sanitary 
Board; Bank Commissioner; Grain Commission; Board 
of Arbitration; Board of Canvassers; Board of Educa¬ 
tion; Board of Equalization; Board of Examiners; Land 
Board; Highway Commission; Other Boards of Exam¬ 
iners; Board of Pardons and Prison Commissioners; 
Trustees of Soldiers’ Home; Trustees of Capitol Build¬ 
ings and Grounds; Directors of Insane Asylum; State 
Sanitarium; Board of Regents, State University; State 
Normal Schools and Academy; Industrial School; School 
for Deaf, Dumb, and Blind; Summer Normal Schools; 
Text Book Commission; Library Commission; Salaries. 

X. JUDICIAL DEPARTMENT 

The Judicial Department; Impeachment; Trial; Supreme 
Court; Chief Justice; Terms of Court; Jurisdiction; 
Mandamus; Certiorari; Prohibition, or Injunction; 
Habeas Corpus; Examination for Admission as an At¬ 
torney; Court of Claims; Officers and Salaries. 

XI. MISCELLANEOUS 

Water Rights and Irrigation; State Historical Society; 
State Militia; Taxation; Property Exempt from Tax¬ 
ation; Local Option; Initiative, Referendum and Re¬ 
call; Relations with the United States Government; 
United States Representatives and Senators. 

APPENDIX 

Constitution of the State of Idaho; Declaration of Inde¬ 
pendence. 

INDEX 


PAGE 

72 


90 


96 


107 


145 


CIVIL GOVERNMENT OF IDAHO 


CHAPTER I. 

INTRODUCTION. 

Origin of Government.—“We hold these truths to be 
self-evident, that all men are created equal, that they 
are endowed by their Creator with certain inalien¬ 
able rights, that among these are Life, Liberty, and 
the pursuit of Happiness. That to secure these 
rights governments are instituted among men, de¬ 
riving their just powers from the consent of the 
governed.” These words from our Declaration of 
Independence, and penned by the immortal Jeffer¬ 
son, give us in words that can never die, the object 
for which government is established. Government 
places the poor on an equal footing with the rich; 
the weak, with the strong; the conscientious, with 
the unscrupulous. 

Rights and Duties.—The purpose of government is 
to guarantee to us our rights. In a country like 
ours, we make our own local laws, as is done in the 
New England town meeting; or we elect others to 
make laws for us, as is done in all the state legis¬ 
latures and in the National Congress. Now if the 
government is for the individual, and we are to help 
govern, we owe it to ourselves and to our fellow 
citizens to inform ourselves as much as possible in 
regard to our government. Every right implies a 



8 


CIVIL GOVERNMENT OF IDAHO 


duty. If we have the right to Life, Liberty, and 
the pursuit of Happiness, it is our sacred duty to 
help guarantee the same right to others. 

Forms of Government.—Aristotle (333 B. C.) was 
able to arrange under three heads all of the two 
hundred fifty governments about the Mediterranean 
sea at that time. His classification was: 

1. Monarchy; government by one, the strong. 

2. Aristocracy; government by the few, the wise. 

3. Democracy; government by the many, the 
good. 

But the governments of the present time may be 
classified better under the following three heads: 

1. Absolute Monarchy, in which the will of the 
monarch, or ruler, is supreme and unfettered. 

2. Limited Monarchy, in which the monarch is 
limited to the exercise of particular powers or func¬ 
tions by the constitution or laws of the realm. 

3. Republic, in which all power is exercised by 
officers chosen directly by the people. 

The United States.—When our present government 
was first organized, the wise men of the world 
sneered at the mere suggestion that it would be able 
to survive for any great length of time. Even one 
of the framers of our United States Constitution 
scorned the idea that the constitution then being 
framed could last a hundred fifty years. The thou¬ 
sands of years of history in the past offered no 
example of government like ours. The United 
States is a republic made up of many smaller re- 


INTRODUCTION 


9 


publics. By the adoption of the Articles of Con¬ 
federation, and later the Constitution, the people of 
the United States delegated certain powers to the 
United States government: such powers as belong 
properly to a nation in its relations with other 
nations, and such powers as can best be exercised 
by the general government for the whole country. 
To each state was reserved the power of conducting 
all its local affairs, and of exercising control over 
its citizens and their property. As later states were 
organized, they were modeled after the original 
thirteen states, and guaranteed the same rights. 
For many years it was contended by some of the 
best statesmen of our country that a state could 
secede from the Union, if it was not satisfied with 
the manner in which the United States government 
conducted the affairs of the Union. The great Civil 
War settled the question of secession once and for 
all time. 

The State.—From 1607 to 1732, thirteen colonies 
were formed in America by authority of the English 
government. While these colonies were all subject 
to English rule, they were entirely independent of 
each other. When George III, forgetful of the fates 
of Charles I and James II, tried to tax these colonies 
without their consent, they remonstrated. When he 
attempted to force them into submission, they 
formed a union to oppose force with force. The 
actual union was effected when the Continental 
army accepted General Washington as its com¬ 
mander-in-chief, and he was so recognized through¬ 
out the colonies. When George III persisted in his 
stubborn efforts, the united colonies, through their 


10 


CIVIL GOVERNMENT OF IDAHO 


representatives in the Continental Congress, de¬ 
clared their independence of England. In order to 
carry on the Revolutionary War to the best advan¬ 
tage the people and the states permitted Congress 
to exercise certain powers. Under the advice of 
Congress, state governments were formed in all of 
the thirteen new states, except Virginia, to take the 
place of the abandoned colonial governments. Vir¬ 
ginia had already taken such action. Thus our 
Union and our state governments were formed. 

The County.—Each state of the Union, by its con¬ 
stitution and laws, divides its territory into many 
smaller divisions for the purpose of local govern¬ 
ment. These divisions are called Counties. The 
origin of the county can be traced to that part of 
the country in England ruled over by a petty king, 
and called a Shire. The name Shire was changed by 
the Normans after 1066 to County. Very early in 
the State of Virginia, the County became the unit 
of local government. By that we mean that the 
county officers attend to all the business of govern¬ 
ment in the county. The Virginia form of local 
government has been patterned after by many of 
the Southern and Western states. 

The Township.—In New England, just as in old 
England, the town or township meeting exercised 
the powers of local government. All the voters 
assembled in one body, made their own local laws, 
settled disputes, and chose men to attend to certain 
duties until the next town meeting, or for a stated 
period. This was certainly ideal government, but is 
possible only in small units. Such a system would 
be impracticable in a county, and impossible in a 


INTRODUCTION 


11 


state, so representatives are chosen by the people to 
carry on the government for them in counties, states, 
and nation. In the New England states, at the pre¬ 
sent time, the town is the principal unit of local gov¬ 
ernment. In many of the central states, the powers 
of local government are about equally divided be¬ 
tween township and county. In those states in which 
the county is the unit for local government, it is al¬ 
ways divided into what may be called civil districts, 
such for instance as election precincts. 

The Incorporated Town or City.—When a great num¬ 
ber of people build their homes in the same locality, 
it becomes necessary to make special laws for regu¬ 
lating such communities. Special officers are also 
chosen to enforce the laws. But such town or city is 
always under the jurisdiction of either county or 
state. Usually it operates either under a general 
statute passed by the legislature for such purposes, 
or under a special statute commonly called a Charter. 

The School District.—For the purpose of public edu¬ 
cation, the school district is organized in all the 
states, the size of the districts varying greatly. In 
some states, the county is the unit, and all schools are 
under the control of a county board. In other states, 
a township board looks after all the schools in the 
township. Generally all the schools in an incorporat¬ 
ed town or city are under the supervision of one set 
of officers. In many of the states a school district 
comprises territory about two miles square, all the 
children in such territory go to one school, and that 
school is governed by officers chosen by the people of 
the district. In this kind of district, the voters usual- 


12 


CIVIL GOVERNMENT OF IDAHO 


ly exercise some of the functions of government at 
the annual district meeting. 

The Home.—The oldest form of government is that 
of the home, with the father of the family at its head. 
The government of the home should be and usually is 
the best of all, for it is founded upon love. Solon, the 
sage of Athens once said: “That is the most perfect 
government under which a wrong to the humblest is 
an affront to all.” But the home is subject to the 
state, and the state determines the rights and duties 
of both the parent and the children in the home. Upon 
the parent falls the duty of providing maintenance, 
protection and education for the children, and the 
children have a right to these three things. On the 
other hand parents are held responsible for wrongs 
committed by their children. In return for the many 
obligations resting upon the parents, the principal 
duty demanded of the children is obedience, and to 
secure this obedience parents are necessarily given 
almost absolute authority over their children. But, as 
the best government is that in which the governed 
are taught to govern themselves, so the best home 
government is that in which the children learn by 
cheerful obedience to lawful authority how to govern 
themselves and then to govern others. 

No Conflict of Authority.—Although we find that in 
the United States we are under so many govern¬ 
ments at one time, yet the whole system is so planned, 
that there is no conflict of authority. We can obey all 
the laws of the United States and of our state at the 
same time. Nothing in the state governments can be 
in violation of the United States Constitution or 


INTRODUCTION 


13 


laws. Every official act of the officers of county, city, 
township, or school district must be in accordance 
with the laws of the state which has created such in¬ 
ferior divisions of government. 

The State of Idaho.—The following chapters deal 
with the civil government of the State of Idaho. This 
book is intended for use in connection with a general 
work in Civil Government. It is to supplement the 
latter, by presenting the Civil Government of the 
State of Idaho. References to certain articles and 
sections of the State Constitution are made for the 
purpose of acquainting the student with that docu¬ 
ment. (See Appendix). The laws of a state, espe¬ 
cially a young and growing state like our own, are 
constantly changing, so one never can be sure of the 
law on any particular point without reference to the 
last Session Laws of the State. The most important 
reference work, then, in local or State civil govern¬ 
ment, is a set of the Idaho Revised Codes, adopted in 
1909. With these codes must be considered the laws 
passed by the Legislature since their adoption. 

SUGGESTIVE QUESTIONS. 

1. What principles of government are stated in the first two 

paragraphs of the Declaration of Independence? 

2. As children in school, you are under five or six different 

governments, viz: National, state, county, (city), 
school district, home. Name ways in which you are or 
might be controlled by each of these governments. In 
case of conflict in authority between any two of these 
governments, to which do you owe allegiance? 


CHAPTER II. 


ELECTIONS AND VOTING. 

The Precinct.—By the state law of Idaho, the board 
of county commissioners is empowered to divide the 
county into a convenient number of election precincts, 
change the boundaries of such as may be necessary, 
create new or consolidate established precincts, but 
it must not alter or change any election precinct after 
its regular April meeting next preceding any elec¬ 
tion. There shall also be appointed for each election 
precinct a registrar, whose duty it shall be, upon ap¬ 
plication, to receive and register the names of all 
qualified voters for his precinct on each Saturday 
from the first of July to and including the Saturday 
preceding the General Election, except the last Sat¬ 
urday in July and each Saturday in August following 
the Primary Election. 

Qualifications of Voters.—The Constitution of the 
United States, Amendment XIV, determines who are 
citizens of the United States. Amendment XV states 
that no citizen shall be deprived of the right to vote 
on account of race, color or previous condition of 
servitude. Amendment XIV says that “when the 
right to vote at any election” for Federal or State 
officers “is denied to any of the male members of such 
State, being twenty-one years of age and citizens of 
the United States, or in any way abridged, except 
for participation in rebellion or other crime, the basis 
of representation therein shall be reduced in the pro- 


ELECTIONS AND VOTING 


15 


portion which such male citizens shall bear to the 
whole number of male citizens twenty-one years of 
age in such state.” In Article I of the same document, 
it is stated that “the electors (of Congressmen) in 
each state shall have the qualifications requisite for 
electors of the most numerous branch of the State 
Legislature”. Otherwise, the states are perfectly free 
to establish the qualifications of voters. In Idaho, 
every male or female citizen of the United States, 
twenty-one years of age, who has actually resided in 
the State six months and in the county thirty days 
next preceding the day of election, if registered as 
provided by law, is a qualified elector, or voter. 

Disqualified From Voting.—No one is entitled to vote, 
serve as juror, or hold any civil office, who is under 
guardianship, is idiotic or insane, who has been con¬ 
victed of treason, felony, buying or selling votes, or 
the attempt to buy or sell a vote, who is a bigamist 
or a polygamist, or by his teaching or support en¬ 
courages others to enter into bigamy or polygamy. 
Persons employed in the service of the United States, 
or engaged in the navigation of the waters of the 
State or of the United States, or attending any insti¬ 
tution of learning, or being kept in an alms-house at 
public expense, have the right to return home to vote. 

Elector’s Oath Before Registering.—Below is the form 
of the oath prescribed by law for all who wish to 
register: 

“I do swear (or affirm) that I am a citizen of the United 

States, of the age of twenty-one years, or will be the. 

day of.A. D., 19....; that I have (or will have) 

actually resided in this state for six months, and in this 
county for thirty days next preceding the next ensuing elec- 




16 


CIVIL GOVERNMENT OF IDAHO 


tion; that I have never been convicted of treason, felony, 
embezzlement of public funds, bartering or selling or offering 
to barter or sell my vote, or purchasing or offering to pur¬ 
chase the vote of another, or other infamous crime, without 
thereafter being restored to the rights of citizenship; that I 
will not commit any act in violation of the provisions in this 
oath contained; that I am not now registered or entitled to 
vote at any other place in this State; that I do regard the 
Constitution of the United States and the laws thereof, and 
the Constitution of this State and the laws thereof, as in¬ 
terpreted by the courts, as the supreme law of the land, so 
help me God”. 

This oath must be signed by the one wishing to 
register and sworn to before the registrar of the 
precinct. 

Importance of Voting.—Every voter is responsible in 
part for the kind of government under which he 
lives. It is his duty to see that good men are chosen 
to make the laws, and other good men to enforce the 
laws when made. No one who shirks the responsibil¬ 
ity of voting has any right to complain if the laws do 
not suit him, or if officers prove faithless. This gov¬ 
ernment is surely “for the people”. It will be “by the 
people” only when all voters do their full duty at the 
polls. 

Australian Ballot System.—In order to give every 
voter the opportunity to prepare and cast his ballot 
in secret, and to guard against any possible interfer¬ 
ence, intimidation, or bribery, this State has adopted 
the Australian ballot system. The model voting place 
and sample ballot shown on the next page illustrate 
how much care has been taken to protect the voter in 
this his first and greatest duty to his government. 


MODEL POLLING PLACE. (Revised Codes, p. ? 18 .) 


ELECTIONS AND VOTING 


17 



CG-2 


Entrance 























SAMPLE TICKET. (Revised Codes, p. 301.) 


18 


CIVIL GOVERNMENT OF IDAHO 


cle below name of party you 
on straight ticket you do not 
pou wish to vote for. 

o 

o 

o 

O 

FOR CONGRESS 

FOR GOVERNOR 

FOR STATE AUDITOR 

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ELECTIONS AND VOTING 


19 


Election Officers and Duties.—The board of county 
commissioners shall appoint in every election pre¬ 
cinct three judges of election and one distributing 
clerk. These officers shall as nearly as possible repre¬ 
sent all parties taking part in the election. The three 
judges shall select two clerks of election, and in case 
there is no constable in the voting precinct, appoint 
some person to act as such during the election. Such 
officer shall have power to arrest for disturbance of 
the peace, shall allow no one inside the guard rail ex¬ 
cept those who go to vote, and only one elector in a 
compartment at one time. At general elections the 
polls shall remain open from 8 o’clock in the morning 
to 7 in the evening. As soon as the polls close the 
judges shall canvass the votes publicly and make cer¬ 
tified returns to the clerk of the board of county 
commissioners. If at the general election preceding 
there have been over one hundred votes cast for Gov¬ 
ernor, then there shall be two sets of election officers 
in such precinct, one set to receive and register the 
votes, and the other set to count the votes. Two ballot 
boxes shall in such case be used, one to receive the 
votes until fifty have been cast, then delivered to the 
counting judges, and the other box used for receiving 
ballots. As soon as the ballots in the first box are 
counted, it shall be returned to the judges who are 
receiving ballots, and the ballots in the second box 
shall be counted. So the two sets of officers shall con¬ 
tinue to exchange ballot boxes, until the polls are 
closed, when the rest of the ballots shall be counted 
and all the judges shall join in signing the returns to 
the county commissioners. The county commissioners 
shall canvass the returns so sent in and determine 


20 


CIVIL GOVERNMENT OF IDAHO 


who are chosen to the county offices. The State can¬ 
vassing board receives a statement of the votes from 
each county for state officers, judges, and members 
of the Legislature, and determines who are chosen to 
the various offices. 

How to Vote.—The following complete instructions 
for voting are from the Revised Codes of Idaho, 
adopted January 12, 1909: 

‘‘Delivery of Ticket to Elector. 

Sec. 423. An elector desiring to vote shall give his name 
and, if requested to do so, his residence, to one of the clerks 
of the election, who shall thereupon announce the same in a 
loud and distinct tone of voice, clear and audible, and if 
such name is found on the check list by the election officer 
having charge thereof, he shall likewise repeat the said name, 
and the voter shall be allowed to enter the space enclosed by 
the guard rail as hereinbefore provided. The distributing 
clerk shall give him one, and only one, ticket, and his name 
shall be immediately checked on said list by placing a mark 
on the registry list to denote that he has received a ticket, 
and the ticket must be stamped on the back and near the top 
of the ticket with the official stamp by the distributing clerk, 
and thereupon delivered to the elector. Besides the election 
officers, not more than one voter, in excess of the voting 
shelves or compartments provided, shall be allowed in said 
enclosed space at one time.” 

“Manner of Voting. 

Sec. 424. On receipt of his ticket, the voter shall forth¬ 
with and without leaving the enclosed space, retire alone to 
one of the voting shelves or compartments so provided, and 
shall prepare his ticket by marking in the appropriate mar¬ 
gin, or place a cross (X) opposite the name of the candidate 
of his choice for each office to be filled, or in the circle pro¬ 
vided therefor at the head of the several party tickets, or by 
filling in or writing the name of the person for whom he 
wishes to vote in the blank space provided therefor in the 
column or division of the ticket for that purpose provided, 
and marking a cross (X) opposite thereto; and in case of a 
question submitted to a vote of the people, by marking in the 
appropriate margin or place a cross (X) against the answer 
which he desires to give. Before leaving the voting shelf or 
compartment the voter shall fold his ticket without display¬ 
ing the marks thereon, and so as to expose the impression of 


ELECTIONS AND VOTING 


21 


the official stamp on the back, and he shall keep the same so 
folded until he has voted. He shall then hand his ballot to 
one of the judges and announce his name. He shall mark his 
ticket or ballot without delay and shall quit said enclosed 
space as soon as he has voted. 

“No such voter shall be allowed to occupy a voting shelf 
or compartment already occupied by another, nor to remain 
within said enclosed space more than ten minutes, nor to 
occupy a voting shelf or compartment more than five minutes 
in case all of such shelves or compartments are in use and 
other voters are waiting to occupy the same. No voter, not 
an election officer, whose name has been checked on the list 
of the election officers, shall be allowed to re-enter said en¬ 
closed space during said election. It shall be the duty of 
the judges for the time being to secure the observance of the 
provisions of this section; Provided, That if any registered 
elector, who is blind or otherwise disqualified by reason of 
physical infirmities rendering such voter incapable of per¬ 
sonally marking his ballot, desires to vote, then and in that 
case, any two of the judges not of the same political party 
may, at the request of such elector, mark and prepare his 
ballot for him, placing an (X) mark in the proper place and 
opposite the names of the candidates for whom such elector 
desires to vote. When the ballot so marked by the judges is 
properly prepared and folded it shall be given to the elector, 
who shall deliver it to the proper judge to be deposited in 
the ballot box, as in other cases. The judges assisting any 
such physically incapacitated elector in the preparation of 
his ballot, must not influence or attempt to influence such 
voter in the selection of candidates to be voted for, and any 
judge who has assisted any such elector, who shall divulge 
to any person the name of any candidate for whom such elec¬ 
tor voted, shall be guilty of a misdemeanor.” 

The Primary Election.—For the purpose of nominat¬ 
ing party candidates, Idaho has adopted a Primary 
Election Law. This law enables every voter of each 
political party to cast his ballot for his choice of can¬ 
didates, instead of having the party candidates nom¬ 
inated by delegate conventions, as was done in the 
past in Idaho, and is still done in many other states. 
“A political party, within the meaning of this act, is 
an affiliation of electors representing a political or¬ 
ganization under a given name, which at the last pre- 


22 


CIVIL GOVERNMENT OF IDAHO 


ceding general election cast for any candidates on 
their ticket for office within the state at least ten per 
cent of the total vote cast for the candidates for the 
same office within the state and upon which ticket 
there were at least three nominees for state offices/’ 
(Session Laws, 1909, p. 197.) Any organization of 
voters which has not cast sufficient votes to be gov¬ 
erned by the Direct Primary Election Law, must 
nominate their candidates by convention on the same 
day of the Direct Primary, the last Tuesday in July, 
1912, and biennially thereafter. 

How to Become a Candidate.—There are two ways in 
which a person may get his name upon the Direct 
Primary ballot to be voted upon. He may file, or have 
filed in his behalf, a nomination paper and pay the re¬ 
quired fee, which amounts to $2 when the salary of 
the office is $300 or less, annually, and $1 fee for 
each additional $100 of salary; or he may present, or 
have presented, a petition signed by three per cent of 
the voters of his party in the state, including three 
per cent of such voters in at least four counties, if for 
a state office; or a petition signed by at least five per 
cent of such voters of the county, including five per 
cent of such voters in at least one-fourth of the pre¬ 
cincts of the county, if for a county office. All candi¬ 
dates must make a sworn statement of their expenses 
during the primary campaign. No candidate for Con¬ 
gress, the United States Senate, or a state office, is al¬ 
lowed to expend in the campaign more than the equiv¬ 
alent of 25 per cent of the yearly salary of the office 
for which he is a candidate; no candidate for district 
judge may expend in the campaign more than 15 per 


ELECTIONS AND VOTING 


23 


cent of the yearly salary; no candidate for a county 
office, more than ten per cent of the yearly salary; 
and no candidate for county commissioner or member 
of the Legislature, more than one hundred dollars. 

Official Primary Ballot.—The form of the official pri¬ 
mary ballot is prescribed by law, as are also the in¬ 
structions to voters. (See Session Laws, 1911, p. 
573.) Each voter receives a ballot of each party. 

OFFICIAL PRIMARY BALLOT. 
.Party. .County, Idaho 

“Instructions: Mark only your party ticket. You may at 
your option vote for both first and second choice in case there 
are more than twice as many candidates as there are posi¬ 
tions. To vote for a person for first choice make a cross (X) 
in the first square at the right of the name of the person for 
whom you desire to vote. To vote for a person for second 
choice make a cross (X) in the second square at the right 
of the name of the person for whom you desire to vote. You 
may vote for any qualified elector whose name is not printed 
on the ballot by writing the name of such person thereon 
under the appropriate heading and making a cross (X) in 
the proper square at the right of such name. Do not vote 
for the same person for both first and second choice. After 
marking the ballot hand it to a Judge to be placed in the 
ballot box for votes. Place the blank ballots of the other 
parties not marked, in the ballot box for waste ballots. 



1st Choice 

2d Choice 

FOR REPRESENTATIVE IN CONGRESS 
(Vote for one) 

WILLIAM SMITH 



FRED JUDSON 



JAMES POWELL 






FOR GOVERNOR 
(Vote for one) 

JAMES CHILDS 



RICHARD ROE 




































24 


CIVIL GOVERNMENT OF IDAHO 


Counting Votes and Determining Who Are Nominated. 
—The Primary Election is conducted, and returns 
of it are made, as nearly as possible in the same 
manner as a General Election. The following par¬ 
agraph from the Session Laws of 1911 tells who 
are to be declared nominees: 

“Section 34. The person receiving the highest number, 
and not less than forty per cent of the first choice votes at a 
Primary Election as the candidate of the party for an office 
shall be the candidate of that party for such office, and his 
name as such candidate shall be placed on the official ballot 
at the following General Election; Provided, That if no can¬ 
didate at the Primary Election shall receive as many as forty 
per cent of the first choice votes, then and in that event a 
canvass shall be made of the second choice votes received by 
the candidates for said office and said second choice votes 
shall be added to the first choice votes received by each can¬ 
didate for such office, and the candidate receiving the highest 
number of first and second choice votes shall be the nominee 
for such office of the party nominating him, and his name 
as such candidate shall be placed on the official ballot at the 
following General Election; Provided , That if no second 
choice votes are cast for any candidate for such office the 
person receiving the highest number of first choice votes 
for such office shall be the candidate of his party for that 
office.” 

Central Committees.—The law also provides that 
the nominees of each party for county offices shall 
meet at the county seat on the fifteenth day after 
the Primary Election, and elect a Central Commit¬ 
tee of not less than one nor more than three mem¬ 
bers from each precinct in the county. It is the duty 
of this County Central Committee to choose its 
chairman, to take charge of the political campaign 
in the county, and to choose one member of the 
party in the county to serve as a member of the 
State Central Committee. The State Committee, 
made up of one member from each county, con¬ 
ducts the campaign in the State and calls a State 


ELECTIONS AND VOTING 


25 


convention to choose delegates to the National Con¬ 
vention. It is the business of the National Con¬ 
vention to adopt the national platform of the party 
and to nominate candidates for President and Vice 
President. 


SUGGESTIVE QUESTIONS. 

1. In what precinct do you live? 

2. Who is the registrar, or who was before the last election? 

3. Where do the people usually vote in your precinct? 

4. Do you think an educational or a property qualification 

for voting advisable? 

5. Could the State make such a change? If so, how? If 

not, why not? 

6. Some states permit persons to vote, who have declared 

their intention of becoming citizens. What do you 
think of the plan? 

7. What is the advantage of the “Second Choice” in the 

Primary Elections? 

8. How many political parties in Idaho, within the definition 

of “political party” in the Primary Election law? 


CHAPTER III. 


THE SCHOOL DISTRICT. 

Need of Schools.—-The United States government 
leaves public education to the laws of the states, 
but recognizing its importance in the perpetuation 
of a free government, has set aside sections 16 and 
36 in every township in all the Western states to be 
sold and the proceeds used as a permanent school 
fund for the support of the public schools. Section 
1 of the Ninth Article of the Constitution of Idaho 
says: “The stability of a republican form of gov¬ 
ernment depending mainly upon the intelligence of 
the people, it shall be the duty of the Legislature of 
Idaho to establish and maintain a general, uniform 
and thorough system of public, free, common 
schools.” 

School Districts.—In accordance with this section 
of the State constitution, the Legislature has given 
the board of county commissioners power to divide 
the county into as many school districts as may be 
necessary, and to change the boundaries of such 
districts when the public welfare may demand it. 
A new district may be formed by the commission¬ 
ers whenever they receive a petition signed by the 
parents or guardians of ten children of school age 
in such proposed new school district. Boundaries 
may be changed upon a petition bearing the signa¬ 
tures of at least two-thirds of those who are heads 
of families and residents of each district affected 
by the proposed change. Two or more districts may 


THE SCHOOL DISTRICT 


27 


be consolidated upon the petition of the majority of 
the heads of families in each district. A joint dis¬ 
trict, composed of territory in adjoining counties, 
may be organized by the approval of the boards of 
county commissioners of both counties. A district 
will lapse if it fails to maintain a school for at least 
four months in each year, to keep up its district or¬ 
ganization, or has five pupils or less attending 
school for three consecutive months. When a dis¬ 
trict lapses, its territory shall be divided among ad¬ 
joining districts by the county commissioners, and 
its property shall be sold by the county superin¬ 
tendent and the proceeds added to the county 
school fund. Each school district in this state is a 
body corporate by the name of “School District No. 

.in the County of., State of Idaho”, 

and in such name, the representatives of the dis¬ 
trict, the board of trustees, may sue and be sued, buy 
and sell property, and make contracts the same as 
municipal corporations. 

The Annual Meeting.—The annual meeting of the 
voters of the district shall be held on the third 
Monday in April. This meeting is for the election 
of one or more members of the board of trustees, 
and for the transaction of such business as may 
properly come before the voters. They may deter¬ 
mine if a special tax for the support of the schools 
in their district shall be levied, and the rate of the 
levy, which shall in no case exceed fifteen mills on 
the dollar of assessed valuation. They shall deter¬ 
mine the length of time that school shall be taught 
in their district for the ensuing year, which shall 




28 


CIVIL GOVERNMENT OF IDAHO 


not be less than five months in a district having less 
than twenty pupils of school age, nor less than six 
months in a district having between twenty and 
seventy-five pupils, nor less than nine months in a 
district having more than seventy-five pupils. They 
may also determine at what time or times of the 
year school shall be taught in the district. 

Board of Trustees.—At the next regular election 
after a school district has been created, viz: the 
third Monday in April, the electors of that district 
shall choose their trustees by ballot, one to serve 
three years, one to serve two years, and the third 
to serve one year. Each succeeding year, by that 
plan there will be but one trustee to elect, unless 
there is a vacancy caused by resignation or other¬ 
wise. Before the first regular election in a new 
school district, the members of the board of trus¬ 
tees are appointed by the county superintendent to 
serve temporarily until the first election. All vacan¬ 
cies in the membership of the board of trustees in 
any school district, caused by death, resignation, or 
otherwise, shall be filled by appointment by the 
county superintendent to serve until the next regu¬ 
lar election, at which time a trustee will be elected 
to serve the unexpired term. 

Meetings of Board.—The regular meetings of the 
board of trustees of a school district are held on the 
last Monday of March, June, September, and De¬ 
cember. They may hold such special or adjourned 
meetings from time to time, however, as they may 
determine upon. Immediately succeeding the regu¬ 
lar election each year, they should choose a chair- 


THE SCHOOL DISTRICT 


29 


man and secretary for the year. Any two members 
of the board constitute a quorum for the transac¬ 
tion of business. 

Duties and Powers of Trustees.—The board of trus¬ 
tees of each school district employ teachers on a 
written contract, fix their salaries, and order the 
same paid. No teacher may be employed unless he 
holds a valid certificate or permit to teach in the 
county or state. The board may discharge a teacher 
for neglect of duty, or other sufficient cause. They 
have charge of all school property, build or remove 
buildings upon a vote of the district and make all 
needed repairs about the school property. They 
shall maintain a school library, expending for that 
purpose not less than three per cent of the funds 
apportioned to their district. They shall provide a 
suitable flag staff and see that the United States 
flag, at least four feet by eight feet in size, shall be 
floated over the school house on such days as they 
may direct. They may fix the salary of the clerk of 
the board, and the rate of tuition for non-resident 
pupils of the county. They are also required by 
law to make an annual report of the condition of 
their district, financial and otherwise, on the first 
day of July. 

School Census.—It is the duty of the clerk of the 
board of trustees to enumerate and make a list of 
all the children in his district between the ages of 
six and twenty-one years. All such children are said 
to be of school age. This enumeration shall begin 
on the first Tuesday and be completed and filed not 
later than the third Tuesday of September each 


30 


CIVIL GOVERNMENT OF IDAHO 


year. It means much to every district and to each 
taxpayer in the district, that this enumeration be 
made accurately, as the apportionment of school 
funds is based upon the number of children of 
school age in each district. 

School Funds.—The State school fund consists of 
the proceeds of all lands granted by the general 
government to the State, known as school lands, 
and of all other lands, property, or money coming 
to the State from bequests, foreclosures, or the 
estates of citizens who die intestate. The income 
from this school fund is distributed semi-annually 
by the State Superintendent among the counties of 
the State in proportion to the number of children 
of school age. This income from the State school 
fund amounts at present to over two dollars an¬ 
nually for every child of school age in the State. 
The county school fund, which is kept and paid out 
by the county treasurer, is composed of the money 
distributed from the State, of the proceeds of a tax 
of not less than five nor more than ten mills on the 
dollar levied according to law by the county com¬ 
missioners, and of all the fines and forfeitures paid 
into the county treasury. This county school fund 
is apportioned, quarterly each year, by the county 
superintendent, among the several districts as 
follows: 

Apportionment of County School Fund. ‘‘Two-thirds 
(2-3) of the whole amount he shall apportion per capita 
among the several districts in proportion to the number of 
children in each district as shown by the last report of the 
census marshal of each district; Provided : That no district 
shall be considered as having less than twenty-five census 
pupils. Five (5) per cent of the remaining one-third (1-3), 


THE SCHOOL DISTRICT 


31 


or such of the same as may be needed, he shall apportion 
among the rural high school districts and districts organized 
under the consolidated plan which carry high school work, 
in proportion to the number of teachers regularly employed 
in such high schools. The amount apportioned to any such 
high school shall not exceed the sum of Three Hundred Dol¬ 
lars ($300) in any school year for each teacher so employed 
in such high schools. Fifty (50) per cent of the remainder, or 
so much thereof as may be needed, shall be used for the relief 
of all districts organized under Article V of this Act which are 
unable to maintain the minimum term as provided in Article 
VI, Section 54 of this Act, when such districts, after having 
levied a special tax of five (5) mills, have not sufficient funds 
to maintain the minimum term. The County Superintendent 
shall be the judge as to the need of such districts. The bal¬ 
ance of the whole amount remaining after such aid has been 
given shall be apportioned per capita among the several dis¬ 
tricts in proportion to the number of children in each district; 
Provided : That no district shall share in any of the distri¬ 
bution of public funds, as provided in this Section, unless 
said district shall have complied with the provisions of this 
Act. Immediately after such apportionment, the County 
Superintendent shall certify to the County Treasurer the 
amounts which are to be placed to the credit of each district, 
and notify the clerk of each district of tne amount placed to 
the credit of his district.” (Idaho School Laws, Sec. 67.) 

Independent School Districts.—Whenever a school 
district has an assessed valuation to the amount of 
$150,000 as shown by the last assessment roll, it 
may be organized as an independent school district. 
As such it enjoys certain privileges and powers not 
granted to the regular school district. It has a board 
of six members, two to be elected every year on the 
first Tuesday of September. This board has many 
powers not granted to the regular school board, 
such as the levying of a special tax not to exceed 
twenty mills on the dollar, and an additional ten 
mill tax where transportation is provided for pupils 
to and from school. Independent school districts are 
usually organized in towns and cities, where condi¬ 
tions are such that the board must have more power 


32 


CIVIL GOVERNMENT OF IDAHO 


since it has so many more duties to perform. When 
an independent school district employs thirty-five 
or more teachers, it is called a Class A Independent 
school district, and as such has the following pow¬ 
ers not granted to the regular independent dis¬ 
tricts: To adopt a course of study, to adopt text¬ 
books, and to employ a superintendent for a term 
not to exceed three years. 

Boise, Lewiston, and Emmett.—Boise, Lewiston and 
Emmett school districts were granted special char¬ 
ters by the territorial legislatures, and these three 
school districts are still operating under their spe¬ 
cial charters which have been amended from time 
to time. These three districts are called Independ¬ 
ent School Districts by Charter. In many ways the 
business of these three districts is conducted simi¬ 
lar to other independent districts of the Class A. By 
their charters, however, they are given special laws 
in regard to their boards of trustees, powers and 
duties of the board, control of teachers and so forth. 

Rural High Schools.—Two or more districts not 
having within their limits an incorporated city may 
by a majority in each district organize a rural high 
school district. For the supervision of such high 
school there is a board of five members, one to be 
elected each year, and all to hold office for five years. 
Such board has powers and duties similar to those 
of boards of trustees in other districts. Rural high 
schools are under the direct supervision of the State 
Board of Education. Any district may be segregated 
from a rural high school district by unanimous vote 
of the county commissioners upon petition of two- 


THE SCHOOL DISTRICT 


33 


thirds of those who are heads of families in such 
district wishing to be segregated. 

Prevention of Disease.—Section 143 of the Idaho 
School Laws is as follows: 

“The school trustees of the various school districts of the 
State shall not allow any pupil to attend the public schools 
while any member of the household to which such pupil be¬ 
longs is sick of smallpox, diphtheria, scarlet fever, or other 
contagious or infectious disease, dangerous to the public 
health, or during the period of two (2) weeks after the death, 
recovery, or removal of such sick person; and any pupil com¬ 
ing from such household shall be required to present to the 
teacher of the school the pupil desires to attend, a certificate 
from the attending physician of the facts necessary to entitle 
him to admission in accordance with the above regulations.” 

Any violation of the above section is deemed a 
misdemeanor. 

Compulsory Education.—Section 160 of the School 
Law lays down the following rule in regard to the 
attendance of children at school: 

“Section 160. In all school districts of this State, all 
parents, guardians, and other persons having care of children 
shall instruct them or cause them to be instructed in reading, 
writing, spelling, English grammar, geography, and arithme¬ 
tic. In such districts, every parent, guardian, or other person 
having charge of any child between the ages of eight (8) and 
eighteen (18) years, shall send such child to a public, private, 
or parochial school for the entire school year during which 
the public schools are in session in such districts; Provided, 
however: That this chapter shall not apply to children over 
fourteen (14) years of age, where such child shall have com¬ 
pleted the eighth (8) grade, or may be eligible to enter any 
high school in such district, or where its help is necessary 
for its own or its parents’ support, or where for good cause 
shown it would be for the best interest of such child to be 
relieved from the provisions of this chapter; Provided, fur¬ 
ther, That if a reputable physician within the district shall 
certify in writing that the child’s bodily or mental condition 
does not permit its attendance at school, such child shall be 
exempt during such period of disability from the require¬ 
ments of this chapter. It shall be the duty of the superin¬ 
tendent of the school district if there be such superintendent, 


CG-3 


34 


CIVIL GOVERNMENT OF IDAHO 


and if not, then the county superintendent of schools, to hear 
and determine all applications of children desiring, for any 
of the causes mentioned here, to be exempted from the pro¬ 
visions of this chapter and if upon such application such 
superintendent hearing the same shall be of the opinion that 
such child for any reason is entitled to be exempted as afore¬ 
said, then such superintendent shall issue a written permit 
to such child, stating therein his reason for such exemption. 
An appeal may be taken from the decision of such superin¬ 
tendent, so passing upon such application, to the probate 
court of the county in which such district lies, upon such 
child making such application and filing the same with the 
clerk or judge of said court, within ten days after its refusal 
by such superintendent, for which no fee to exceed the sum 
of One Dollar ($1.00) shall be charged, and the decision of 
the probate court shall be final. An application for release 
from the provisions of this chapter shall not be renewed 
oftener than once in three months.” 

Teachers are required by law to report to their 
district or county superintendent the names of all 
children who come under the provisions of this sec¬ 
tion and are not in school. Parents or guardians 
who violate the provisions of this section may, upon 
conviction, be fined not to exceed three hundred dol¬ 
lars ($300) or imprisoned in the county jail not to 
exceed six months, or by both such fine and impri¬ 
sonment. 

SUGGESTIVE QUESTIONS. 

1. In what kind of district do you live, common, joint, con¬ 

solidated, rural high, independent, Class A independ¬ 
ent, or independent by charter? 

2. When and how are trustees elected in your district? 

3. Name the district trustees. 

4. Who is the President or Chairman of the Board? The 

Secretary or Clerk? 

5. Give the boundaries of your district. 

6. When are the regular meetings of the school board? 

7. How many children of school age in your district? 

8. How many enrolled in school? 

9. Does your district levy a special tax? If so, how much? 

10. What are the advantages of “medical inspection” in 

schools? 

11. Why has the State a right to compel the attendance of 

children at school? 


CHAPTER IV. 


MUNICIPAL CORPORATIONS. 

Municipal Corporations.—Cities and villages demand 
many things in government which would be super¬ 
fluous in rural communities, and therefore entirely 
out of place in general laws governing all citizens 
of the state. For that reason the Legislature has 
passed laws for the organization of city and village 
governments, and these laws determine in general 
the powers of such municipal corporations and how 
they are to be exercised. The general laws of the 
State concerning municipal corporations provide 
for the government of (1) cities of the second 
class, less than 15,000, and more than 1,000 inhab¬ 
itants, and (2) villages, less than 1,000 and more 
than 200 inhabitants. There are no general laws for 
the government of cities of the first class, or those 
having more than 15,000 inhabitants. 

Cities Under Special Charter.—The Territorial Legis¬ 
lature of Idaho granted a special charter to Boise 
for her government. This grant of special privileges 
to the Capital City was of such a nature that it can¬ 
not now be taken away by the State, except in viola¬ 
tion of the United States Constitution, which pro¬ 
hibits a state from passing laws impairing the ob¬ 
ligations of a contract. Boise's special charter par¬ 
takes of the nature of a contract. Although it can¬ 
not be taken away by the Legislature, it can be 
amended only by that body. In the years 1907 and 
1909, the charter was amended in many ways, and a 


36 


CIVIL GOVERNMENT OF IDAHO 


city government provided for, which varies greatly 
from the form previously in use. By the provisions 
of such charter at present, the city has a mayor 
chosen every two years, and four members of the 
council, two chosen every two years by the voters of 
the city, not by wards as is the usual method. A city 
treasurer is also elected for a term of two years. 
The other officers usual in a city of the size of Boise, 
are appointed either by the mayor, the council or 
both mayor and council. 

Lewiston and Bellevue are also both operating 
under special charters, these having been changed 
from time to time to meet the needs of the respec¬ 
tive cities for which they were made. 

On February 23, 1912, since the above was writ¬ 
ten, Boise voted to adopt the Commission Form of 
Government. (See page 40.) 

City of the Second Class.—Each city of the second 
class is divided into not less than two nor more than 
six wards, as nearly equal in area and containing as 
nearly an equal number of voters as possible. The 
council, or law-making body, of the city contains not 
less than four nor more than twelve members. Each 
ward is entitled to at least two members of the 
council, chosen by the voters of their respective 
wards for a term of two years. The council has 
power to make ordinances regulating billiard halls, 
bowling alleys, saloons, and gambling houses; make 
regulations to prevent the spread of contagious 
diseases; erect and maintain hospitals; prevent and 
remove nuisances; provide the city with water; es¬ 
tablish night watch and police; provide for lighting 


MUNICIPAL CORPORATIONS 


37 


the streets; erect necessary buildings for the use of 
the city; maintain a fire department; and choose 
one of their own number as president of the council, 
who shall preside at all meetings of the council in 
the absence of the mayor. 

City Officers.—At the general biennial city election, 
on the first Tuesday of April in odd years, there 
shall be elected a mayor, a clerk, a treasurer, a city 
engineer, and a police judge. The mayor with the 
consent of the council, shall appoint a city attorney 
and an overseer of the streets for two years, unless 
removed sooner by the advice and consent of the 
council. Regular policemen, to the number neces¬ 
sary, are chosen by the mayor with the consent of 
the council. 

The Mayor has the superintending control of all 
the officers and affairs of the city, and it is his duty 
to see that all the ordinances of the city and the 
laws for its government are enforced. 

The Policemen have power to arrest all offenders 
against either State or city law, by day or by night, 
in the same manner as a sheriff or constable, and 
keep them in the city prison until they can have 
trial before the proper officer. 

The City Engineer shall make estimates of the 
cost of all labor and materials in the erecting of 
public buildings, laying out streets and sidewalks, 
or building culverts, bridges, and sewers, and he 
shall also make all the necessary surveys for them. 

The Overseer of Streets shall, subject to the order 
of the mayor and council, have general charge of all 


38 


CIVIL GOVERNMENT OF IDAHO 


work on the streets and sidewalks and such other 
work as the mayor and council may require. 

The City Clerk shall keep a record of all pro¬ 
ceedings of the council, have custody of all laws and 
ordinances of the city and perform such other duties 
as provided by the city ordinances. 

The City Treasurer is the custodian of all the 
moneys of the city and is required to keep a careful 
account of all funds in his possession, paying out 
money only as required by law. 

The City Attorney is the legal advisor of the 
council and city officers, and is the attorney for the 
city in all cases in which it is a party. 

The Police Judge has exclusive jurisdiction in all 
cases arising under the ordinances of the city, and 
jurisdiction concurrent with that given to the 
justice of the peace in all cases of misdemeanors 
under the laws of the State where such offenses 
occur within the city limits. Appeals may be taken 
from the police court to the district court. 

The salaries of all city officers are fixed by city 
ordinance. 

The Village.—All the corporate powers and duties 
of the village are vested in a board of five trustees, 
to be chosen every alternate year by the voters of 
the village. The village trustees have the same pow¬ 
ers that are given the council of a city, only some¬ 
what limited. They have power to appoint a village 
clerk, treasurer, attorney, and such night watch 
and police as may be necessary. The duties of these 
officers are the same as the duties of similar officers 


MUNICIPAL CORPORATIONS 


39 


in the city. The justices of the peace for the pre¬ 
cinct in which a village, or any part of it, is located, 
have jurisdiction to try all offenses against the 
ordinances of the village. 

Organization as a Village.—Whenever a majority of 
the taxable inhabitants of a town or village not in¬ 
corporated shall petition the county commissioners 
for incorporation as a village, the county commis¬ 
sioners are empowered by law to declare such vil¬ 
lage duly incorporated, with such boundaries and 
under such name as they may designate. Five trus¬ 
tees are appointed to serve until the next regular 
biennial election, which is held on the first Tuesday 
of April of each odd numbered year. Any city of the 
second class containing more than fifteen hundred 
inhabitants may change to a village form of gov¬ 
ernment by a petition of one-fourth of the qualified 
electors for an election, and a majority vote at such 
election in favor of the change. Any village may 
disincorporate by a two-thirds vote at a special elec¬ 
tion called for that purpose. 

Organization as a City.—When three-fifths of the 
qualified voters of any village shall petition to 
change to a city of the second class, the village trus¬ 
tees may declare such village duly incorporated as 
a city of the second class. They then divide the vil¬ 
lage into wards, and at the next biennial election 
officers of a second class city are chosen. Upon the 
election and qualification of such officers, the village 
is declared by law to be duly changed to a city of 
the second class. 


40 


CIVIL GOVERNMENT OF IDAHO 


Commission Form of Government.—At the 1911 ses¬ 
sion of the State Legislature, a law known as the 
Black Law was passed providing that any city of 
over 2,500 inhabitants, upon a petition of twenty- 
five per cent of the qualified voters, may at a special 
election, vote upon the question of adopting the com¬ 
mission form of government. Under this plan all the 
functions of government of the city, legislative, ex¬ 
ecutive, and judicial, are vested in a council of five 
members. One of these councilmen shall be known 
and elected as mayor, and shall hold office for two 
years. The other four members shall be elected for 
four years, two being chosen every two years. The 
executive and administrative powers of the city are 
distributed among five departments: 

1. Department of Public Affairs. 

2. Department of Accounts and Finances. 

3. Department of Public Safety. 

4. Department of Streets and Public Improve¬ 
ments. 

5. Department of Parks and Public Property. 

The mayor shall be superintendent of the de¬ 
partment of public affairs, and each member of the 
council shall be assigned by that body to the posi¬ 
tion as superintendent of one of the other depart¬ 
ments. The council has power to elect by majority 
vote such officers and assistants as may be needed 
in conducting the business of the city. 

The regular election for mayor and councilmen 
is to be held on the first Tuesday of April in odd 
numbered years. At this election only those candi¬ 
dates who have received a majority are declared 


MUNICIPAL CORPORATIONS 


41 


elected. If at this election, all the offices are not 
filled then a second election is held three weeks later 
to fill the offices remaining unfilled by the first elec¬ 
tion. Only those shall be voted upon at the second 
election who receive nearest a majority in the first 
election and only twice as many candidates as there 
are positions to be filled. 

Provision is also made in this law for the use of 
the initiative, the referendum and the recall in all 
cities adopting the commission form of government. 
(See Chapter XI, page 103). All general laws for 
the government of cities apply in cities adopting the 
commission plan except when in conflict with the 
provisions of the Black Law. 

SUGGESTIVE QUESTIONS. 

1. Name a city of the second class. Incorporated village. 

2. Do you know of any village which is unincorporated? 

3. If you live in a city or village, name all its officers. 

4. If the Constitution guarantees a trial by jury, why is it 

not allowed in police courts? 

5. Name some act which would be in violation of a city ordi¬ 

nance, and not of a State law. 

6. Name some act which would be in violation of both city 

ordinance and State law. 


CHAPTER V. 


THE COUNTY. 

The County and Its Officers.—The county is the prin¬ 
cipal unit of local government in Idaho. The officers 
of the county are: County commissioners; sheriff; 
county treasurer, ex-officio public administrator; 
county superintendent of public instruction; county 
assessor, ex-officio tax collector; coroner; surveyor; 
clerk of the district court, ex-officio auditor and 
recorder; and prosecuting attorney. In addition to 
the foregoing, the law also provides for two justices 
of the peace and a constable in every precinct of the 
county. A careful study of the powers and duties of 
the various county officers will give the best idea of 
the scope of county government. 

Board of County Commissioners.—The board of 
county commissioners consists of three members 
elected for a term of two years. The county is divid¬ 
ed into three districts, as nearly equal in area and 
population as possible. There is one commissioner 
from each district, but all are voted upon by the 
whole county. Their duties and powers are as varied 
as they are important. They have full charge of all 
county property; levy taxes; divide the county into 
necessary precincts, school and road districts; pro¬ 
vide for elections; act as a county board of equal¬ 
ization; fix the compensation of all county officers 
not otherwise fixed by general statute; fill by ap¬ 
pointment vacancies in all county and precinct of¬ 
fices except the office of county commissioner; and 


THE COUNTY 


43 


perform all such other duties as may be necessary 
to the chief executive authority of the county. They 
also act as a canvassing board to canvass the returns 
of elections of all county officers. (See Chapter 
II, page 19). The county commissioners together 
with a county physician appointed by them, con¬ 
stitute the county board of health. Vacancies in 
the board are filled by appointment by the Governor. 

The Sheriff.—The duties of the sheriff are: To 
preserve the peace; make arrests; prevent and sup¬ 
press breaches of the peace, riots and insurrec¬ 
tions; attend all courts held in the county, except 
justice of the peace and probate courts, and obey 
their lawful orders and directions; take charge of 
the county jail; command the aid of as many male 
inhabitants as necessary in the execution of his 
duties; serve all process and notices; and perform 
such other duties as are required by law. 

The County Treasurer.—It is the duty of the 
county treasurer to receive and keep an exact re¬ 
cord of all moneys belonging to the county, pay out 
such money only upon warrants issued by the county 
auditor, based on appropriations made by the board 
of county commissioners and keep an exact account 
of all funds so expended. He is also required to be 
the custodian of the funds of all the school districts 
and good road and highway districts in the county, 
and pay out the same upon a proper warrant. 

Probate Judge and Court.—The jurisdiction of 
the probate court, presided over by the probate 
judge, is of two kinds. It has original jurisdiction 
in air cases of wills or inheritance of property, of 


44 


CIVIL GOVERNMENT OF IDAHO 


appointment of guardians for minors and incom¬ 
petent persons and their estates, and of the admin¬ 
istration of the estates of deceased persons. The 
probate judge also has jurisdiction, concurrent with 
the justice of the peace in all criminal cases and in 
all civil cases where the amount in controversy does 
not exceed $500. The probate judge is also the judge 
of the juvenile court in his county. This court is for 
the purpose of examining youthful offenders or as 
the law terms them “Delinquent Children” and 
“Juvenile Disorderly Persons.” 

Delinquent Child Defined.—Section 152 of the State 
school laws reads in part as follows: “The words 
‘delinquent child’ shall include any child under the 
age of eighteen (18) years who violates any law of 
this State, or any city or village ordinance; or who 
is incorrigible or who knowingly associates with 
thieves, vicious, or immoral persons; or who is 
growing up in idleness or crime, or who knowingly 
visits or enters a house of ill-fame; or who knowing¬ 
ly patronizes or visits any policy shop or where 
gambling device is, or shall be operated; or who 
patronizes or visits any pool room or bucket shop, 
or who wanders the streets in the night time with¬ 
out being on any lawful business or occupation; or 
who habitually wanders about any railroad yard or 
tracks, or who jumps or hooks on to any moving 
train, or enters any car or engine without lawful 
authority; or who habitually uses vile, obscene, vul¬ 
gar, profane or indecent language or who is guilty 
of immoral conduct in public places or about any 
school house. Any child committing any of the acts 


THE COUNTY 


45 


herein mentioned shall be deemed a juvenile de¬ 
linquent person, and shall be proceeded against as 
such in the manner hereinafter provided.” 

Juvenile Disorderly Persons Defined.—Section 161 of 
the same law reads: “Every child within the pro¬ 
visions of this chapter who does not attend school, 
as provided in the preceding chapter. (See Chapter 
III, Compulsory Education) or who is in attend¬ 
ance at any public, private, or parochial school, and 
is vicious, incorrigible, or immoral in conduct, or 
who is an habitual truant from school, or who hab¬ 
itually wanders about the streets and public places 
during school hours without lawful occupation or 
employment, or who habitually wanders about the 
street in the night time, having no employment or 
lawful occupation, shall be deemed a juvenile dis¬ 
orderly person, and be subject to the provisions of 
this chapter.” 

Proceedings Against Such Children.—Delinquent chil¬ 
dren or juvenile disorderly persons may be dealt 
with in such manner as the probate judge may 
think best. If the child can be reformed by mild 
measures, such are usually adopted, but if not, the 
child may be sent to the Industrial School at St. 
Anthony. Counties that have five thousand children 
of school age may have two probation officers; all 
other counties have but one. These officers are ap¬ 
pointed by the probate judge. It is their duty to see 
that all children attend school according to law, and 
to bring delinquent children and juvenile disorderly 
persons before the probate judge to answer for 
their misconduct. Parents or guardians who en- 


46 


CIVIL GOVERNMENT OF IDAHO 


courage or “contribute to delinquency’’ may be dealt 
with severely upon conviction. (See Chapter III, 
page 34). 

County Superintendent of Public Instruction.— 
In the general management and control of the 
schools of the county, the superintendent of public 
instruction has a great variety of duties. The county 
superintendent is required by law to visit each 
school in his county at least once each term for at 
least half a day. He may, if necessary, require the 
district trustees to keep the school property in good 
repair. He must give regular and special examina¬ 
tions to those who wish to secure certificates to 
teach. It is his duty to apportion the school fund 
among the various districts of the county according 
to law. He must keep a complete record of his offi¬ 
cial acts, file all papers, reports and statements 
from teachers and school boards, and make such re¬ 
ports to the State Superintendent as the latter may 
require by law. (For other duties of the county 
superintendent see the Chapter on Schools.) 

The Assessor and Collector.—In many states the 
assessor is a township officer. In Idaho he is a 
county officer, and it is his duty to make an assess¬ 
ment of all property in the county for the purpose 
of taxation. He is ex-officio tax collector, and as such 
must collect all the taxes for not only the county, 
but the tax levied in his county for state purposes, 
and all taxes of cities, towns, villages, and school 
districts. (See Chapter XI, Taxation). A proposed 
amendment to the Constitution will be voted upon 


THE COUNTY 


47 


in 1912, which if adopted will make the county trea¬ 
surer the tax collector. 

The Coroner.—It is the duty of the coroner to 
act as sheriff in all cases where that officer is per¬ 
sonally interested or is incapacitated from serving, 
or in case of vacancy in the office of sheriff, until 
another can be elected or appointed. The coroner is 
also required to hold an inquest over the dead body 
of any person who is supposed to have met death 
by unlawful means, or the cause of whose death is 
unknown, and he may summon a jury of six to in¬ 
quire into such death, and upon their verdict, cause 
to have arrested and brought to trial any one 
charged with having caused the death. In case of 
temporary vacancy in the office of coroner, any 
justice of the peace in the county may perform the 
duties of coroner. 

Surveyor.—The county surveyor shall make all 
surveys as he shall be ordered by the court, or re¬ 
quested by any person. He shall establish by survey 
all necessary boundary lines and keep a full record 
of all surveys made by him. 

Clerk of the District Court.—The clerk of the 
district court is ex-officio county auditor, clerk of 
the board of county commissioners, and recorder of 
deeds. As clerk of the district court it is his duty to 
perform all services required of him by the rules 
and practices of the courts, and keep a full record 
of all lawsuits, filing and preserving all papers filed 
in his court. As county auditor it is his duty to keep 
a record of all moneys of the county, and issue war¬ 
rants upon order of the county commissioners. As 


48 


CIVIL GOVERNMENT OF IDAHO 


clerk of the board of county commissioners, he must 
keep a complete record of all the proceedings of that 
board. As recorder of deeds he is required to keep 
a complete record of all deeds, mortgages, contracts, 
liens, wills, and such other documents as the law 
may require shall be recorded. 

Prosecuting Attorney.—The duties of the pros¬ 
ecuting attorney are: To prosecute or defend all 
lawsuits to which the people of the state or county 
are a party; to prosecute all criminal cases before 
the probate or justice of the peace courts when 
called upon to do so; to give legal advice to the 
county commissioners; to attend meetings of the 
grand jury when so requested; and such other 
duties as are prescribed by law. 

The Precinct and Precinct Officers.—The county 
commissioners are empowered by the laws of the 
State to divide the county into as many precincts as 
convenience requires. The officers of the precinct 
are: two justices of the peace and one constable, 
chosen at the regular general election by the voters 
of the precinct for a term of two years. In those 
states which provide for townships, justices of the 
peace and constables are township officers. In Vir¬ 
ginia the county is divided into magisterial districts, 
each with its three justices of the peace and one 
constable. In Idaho the same idea is carried out by 
having two justices of the peace and one constable. 
In many precincts there is so little judicial business, 
that often only one justice of the peace qualifies, 
and sometimes none. It will be seen that the object 
in having such officers as justice of the peace and 


THE COUNTY 


49 


constable in these small divisions of the county, is 
to bring justice as it were to every man’s door, and 
to provide a proper executive officer to see that the 
law is enforced. 

The Justice of the Peace.—The justice of the 
peace has jurisdiction in all criminal cases arising 
from lesser crimes committed anywhere in the 
county. These crimes are: petit larceny, assault and 
battery (not upon an officer in the discharge of his 
duty), breach of the peace, riots, affrays, injury to 
property, and other misdemeanors punishable by a 
fine not to exceed $300 or imprisonment in the 
county jail not to exceed six months, or both such 
fine and imprisonment. In all civil cases the justice 
of the peace has jurisdiction where the amount in 
dispute is not more than $300 including interest, 
and where the title to real estate is not in question. 
The justice of the peace may also hold “preliminary 
trials” for one accused of a felony and if enough 
evidence is given to show probable guilt the accused 
person is bound over to trial in the district court 
upon information filed by the public prosecutor. In 
such cases the justice of the peace determines 
whether bail is to be allowed and the amount of the 
same. 

The Constable.—The constable must attend the 
courts of the justices of the peace within his pre¬ 
cinct and serve such notice and make such arrests 
and summons as the justices of the peace may 
direct. The constable is the ministerial officer of 
the justice of the peace court just as the sheriff is 
of the district court in his county. He is the con- 


CG-4 


50 


CIVIL GOVERNMENT OF IDAHO 


servator of the peace in his precinct just as police¬ 
men are in a city or town. Both justice of the peace 
and constable are paid for their services by fees es¬ 
tablished by law. 

Road Districts.—The county commissioners are 
authorized to divide the county into as many road 
districts as seem advisable and to appoint for each 
a road supervisor. For the building and the repair 
of the roads of the county the commissioners may 
levy a special property tax of not to exceed ten 
mills on the dollar and also a poll tax of not to ex¬ 
ceed four dollars on each male citizen between the 
ages of 21 and 50. When such poll tax is levied, 
seventy-five per cent of the amount collected in any 
highway district, incorporated city or village, shall 
be turned over to such district, city or village. 

Good Road and Highway Districts.—The Legisla¬ 
ture has made provision for the organization in any 
county of good road districts and highway districts. 
Such districts are created by petition to the county 
commissioners, and a special election called by that 
body to be held in the proposed new district. When 
such districts are created the work of building and 
maintaining roads is carried on by a board of three 
good road or highway commissioners, chosen by the 
taxpayers of the district. 

Salaries of County Officers.—The salaries of the 
county commissioners are set by law. For this pur¬ 
pose the counties of the State are divided into three 
classes. The counties of the largest population com¬ 
pose the first class and in them the county commis- 


THE COUNTY 


51 


sioners receive $700 annually. In the second class 
counties, the county commissioners receive $500 and 
the third class counties, $300. In addition to their 
salary, they also receive their traveling expenses to 
and from the county seat. The county commission¬ 
ers are empowered by law to fix the salaries of the 
various county officers, but within the minimum and 
maximum as fixed by the Legislature: 

Sheriff, minimum $800, maximum $2,000. 

Clerk of the district court, minimum $800, max¬ 
imum $2,000. 

Assessor, minimum $800, maximum $3,000. 

Treasurer, minimum $500, maximum $1,500. 

Prosecuting attorney, minimum $500, maximum 
$1,500. 

Probate judge, minimum $500, maximum $1,500. 

County superintendent, minimum $1,000, maxi¬ 
mum $2,000. 

Surveyor, minimum $50, maximum $800. 

Coroner, minimum $50, maximum $300. 

Fees.—All the county officers are required by law 
to charge fees for nearly all their services, but these 
fees must all be turned into the county treasury. 

Counties and County Seats.—Following is a list of 
the counties of Idaho, with their county seats. The 
county seats of Adams and Lewis counties are tem¬ 
porary, as established by the Legislature. Perman¬ 
ent county seats in these two counties will be chosen 
by the people of each county at the regular election 
in 1912. Study the following list in connection with 
a good map of the State: 


52 CIVIL GOVERNMENT OF IDAHO 


County. 

County Seat. 

County. 

County Seat. 

Ada 

Boise 

Fremont 

St. Anthony 

Adams 

Council 

Idaho 

Grangeville 

Bannock 

Pocatello 

Kootenai 

Coeur d’Alene 

Bear Lake 

Paris 

Latah 

Moscow 

Bingham 

Blackfoot 

Lemhi 

Salmon City 

Blaine 

Hailey 

Lewis 

Nez Perce 

Boisce 

Idaho City 

Lincoln 

Shoshone 

Bonner 

Sandpoint 

Nez Perce 

Lewiston 

Bonneville 

Idaho Falls 

Oneida 

Malad 

Canyon 

Caldwell 

Owyhee 

Silver City 

Cassia 

Albion 

Shoshone 

Wallace 

Clearwater 

Orofino 

Twin Falls 

Twin Falls 

Custer 

Challis 

Washington 

Weiser 

Elmore 

Mountainhome 




SUGGESTIVE QUESTIONS. 

1. Name the county commissioners. Which one is from 

your Commissioner’s district? 

2. Name the other county officers. 

3. Do you know any of them personally? 

4. Who is the County Physician? 

5. Where is the county poor farm located? Who has the 

control of it? 

6. Why are children who violate the law dealt with in a 

different manner from those who are older? 

7. If you had a claim against the county, what would you 

do to get your money? 

8. Who are the justices of the peace in your precinct? 

9. If some one should steal your horse, and you knew who 

it was, how could you proceed to have him arrested? 

10. What are the boundaries of your county? 

11. Who is the road overseer of your district? How is he 

appointed? What are his powers? 

12. Do you live in a good road district or a highway dis¬ 

trict? If so, who are the commissioners? 


CHAPTER VI. 


THE JUDICIAL DISTRICT. 

The Judicial District.—The State of Idaho is at 
present (1912) divided into nine judicial districts 
as follows: 

First District, Shoshone county. 

Second District, Latah, Nez Perce, Idaho, Clear¬ 
water, and Lewis counties. 

Third District, Ada, Boise, and Owyhee counties. 

Fourth District, Elmore, Blaine, Cassia, Lincoln, 
and Twin Falls counties. 

Fifth District, Bannock, Bear Lake, and Oneida 
counties. 

Sixth District, Bingham, Custer and Lemhi 
counties. 

Seventh District, Canyon, Washington, and 
Adams counties. 

Eighth District, Bonner and Kootenai counties. 

Ninth District, Bonneville and Fremont counties, 
ties. 

District Judge.—One district judge is elected every 
four years (on even years not leap years) in each 
judicial district, except the Third, Fourth, and 
Eighth, which, on account of the volume of their 
business, were each granted two judges by the Leg¬ 
islature of 1911. Where there are two judges in one 
district, they are said to have concurrent jurisdic¬ 
tion, and hold court at such times as designated by 


64 


CIVIL GOVERNMENT OF IDAHO 


the senior judge in point of service, or if both 
judges were elected at the same time, then by the 
senior judge in age. The law requires that court 
shall be held in each county at least twice each year. 
In addition to the regular court business, the dis¬ 
trict judge may be applied to for various writs and 
orders. Such work is spoken of as his powers in 
chambers. Another very important duty of the 
district judge is that he is required by law to re¬ 
port in writing on or before the first day of July 
in each year, such defects or omissions in the law 
of the State as his experience shall suggest. These 
defects are reported by him to the Supreme Court, 
and by the Supreme Court to the Governor, and by 
the Governor to the Legislature so they may be 
remedied. 

Qualifications and Disqualifications.—No one may 
serve as district judge unless he be learned in the 
law, a citizen of the United States, thirty-six years 
of age, a resident of the State at least two years, 
and at the time of his election an elector in the dis¬ 
trict in which he is chosen. When a district judge is 
related to, or has been acting as the attorney for, 
one of the parties to a suit, he is disqualified to try 
that case. He must call in a judge from a neighbor¬ 
ing district to try the case, or the parties to the suit 
may agree upon some lawyer, who may be sworn in 
to act as judge pro tempore. 

Jurisdiction of the District Court.—The district court 
is said to have concurrent jurisdiction in all cases 
begun in the lower courts, because such cases may, 
if it be so desired, be begun in the district court. 


THE JUDICIAL DISTRICT 


55 


The district court has appellate jurisdiction in all 
of these cases, because an appeal may be taken from 
any one of the lower courts to the district court. 
Since all cases both of law and equity may be begun 
in the district court, it is said that the original jur¬ 
isdiction of this court extends to all cases. The ex¬ 
clusive jurisdiction, however, of the district court, 
extends only to those cases which are not within 
the jurisdiction of the lower courts, such as felonies, 
and civil cases where the amount in question is over 
$500. Any case decided by the district court may be 
appealed to the State Supreme Court. 

Kinds of Actions at Law.—In Idaho, there are but 
three kinds of actions at law. They are: 1. Criminal 
actions, in which the State is the plaintiff and the 
party charged with crime is the defendant. 2. Civil 
actions, including what are known as cases in equity 
in many states, in which the party bringing suit is 
the plaintiff, and the party sued is the defendant. 
3. Probate business. The last named is attended to 
almost exclusively by the probate court. The man¬ 
ner of precedure in all actions at law is practically 
the same in all the states. There are some points, 
however, in which the laws of Idaho are not the 
same as in many states. 

How Brought to Trial.—In Idaho, there are two 
ways in which one accused of crime may be brought 
to trial. He may be indicted by a grand jury, or he 
may be held to trial upon information by the pub¬ 
lic prosecutor, after having had a preliminary trial 
before some magistrate. In cases of breach of the 
peace, misdemeanor, or any other case cognizable 
by the probate or justice of the peace courts, one 


56 


CIVIL GOVERNMENT OF IDAHO 


may be brought to trial merely upon the sworn com¬ 
plaint of some party interested. The accused must 
then either go to jail or furnish bond or bail for his 
appearance at the trial. One accused of a capital of¬ 
fense may not secure bail, if the proof is evident or 
the presumptive great (State Constitution, Art. 1, 
Sec. 6.). 

Trial by Jury.—Article 1, Sec. 7, of the State Con¬ 
stitution gives the provisions in regard to the num¬ 
ber of a trial jury. A felony is a crime punishable 
by death, or imprisonment in the state penitentiary. 
A misdemeanor is a lesser crime, usually punish¬ 
able by fine or imprisonment in the county jail. The 
jury panel is drawn by the county auditor from a 
list of 150 names which is furnished him by the 
county commissioners from the poll lists of the 
county. These names are placed in a box, well 
shaken up, and then enough names drawn out for 
jury duty. In order to secure an impartial jury, any 
man may be excused for good cause from serving. 
In addition to this, both parties to the suit are al¬ 
lowed peremptory challenges, or the right to ex¬ 
cuse a man from jury duty without stating any rea¬ 
sons. In a case where the offence charged is punish¬ 
able by death or imprisonment for life, the defense 
has the right of ten peremptory challenges, and the 
state ten. In all other criminal cases both parties 
have six challenges, and in all civil cases, four. 

Jurors: Qualifications, Disqualifications, and Exemp¬ 
tions.—The following sections from the Revised 
Codes of Idaho give the qualifications and disquali¬ 
fications of jurors, and those persons exempt from 
jury duty: 


THE JUDICIAL DISTRICT 


57 


Qualifications of Jurors. 

Section 3941. A person is competent to act as a juror 
if he be: 

1. A citizen of the United States and an elector of the 
county; 

2. In possession of his natural faculties and not decrepit; 

3. Possessed of sufficient knowledge of the language in 
which the proceedings of the courts are held. 

Disqualifications of Jurors: 

Sec. 3042. A person is not competent to act as a juror: 

1. Who does not possess the qualifications prescribed by 
the preceding section. 

2, Who has been convicted of a felony or misdemeanor 
involving moral turpitude. 

Exemptions from Jury Duty: 

Sec. 3934. A person is exempt from liability to act as a 
juror if he be: 

1. A judicial, civil or military officer of the United 
States or of the State of Idaho. 

2. A person holding a county office; 

3. An attorney and counsellor at law; 

4. A minister of the gospel or a priest of any denomina¬ 
tion; 

5. A teacher in a college, academy or school; 

6. A practicing physician; 

7. An officer, keeper or attendant of an almshouse, hos¬ 
pital, asylum, or other charitable institution. 

8. Engaged in the performance of duty as officer or at¬ 
tendant of a county jail or the State prison; 

9. An express agent, mail carrier, telegraph operator, 
telephone agent, or keeper of a public ferry or toll station. 

10. A dispensing druggist of a prescription drug store. 

11. A superintendent, engineer, conductor, fireman, or 
station agent of a railroad. 

12. A person drawn as a juror in the District Court, and 
who has served as such within a year; but this exemption 
shall not apply to a person who is summoned on a special 
venire, or to serve as a juror in the probate or justice court. 

The Grand Jury.—The grand jury is drawn in the 
same way as the petit or trial jury upon order of 
the district court. It consists of sixteen men, and its 
duty is to inquire into public offences. Its delibera¬ 
tions are in secret, and it may compel the attend- 


58 


CIVIL GOVERNMENT OF IDAHO 


ance of witnesses, as also the services of the public 
prosecutor in questioning witnesses. If upon inves¬ 
tigation, the grand jury finds there is sufficient evi¬ 
dence to indicate that the accusations against a cer¬ 
tain person are true, and that he has committed a 
public offense, it returns what is called “a true bill”, 
or indictment. Then the person accused must an¬ 
swer for trial in the district court, upon the charges 
named in the indictment. 

SUGGESTIVE QUESTIONS. 

1. In what judicial district do you live? 

2. Who is the judge, or who are the judges of your district? 

3. When is court usually held in your county? 

4. What is the difference between criminal and civil law 

suits? Illustrate. 

5. Define plaintiff. Defendant. Who is always the plaintiff 

in criminal cases? 

6. Name five crimes which are felonies. Five which are 

misdemeanors. 


CHAPTER VII. 


THE STATE OF IDAHO . 

Idaho.—Idaho, the Gem of the Mountains, the 
Forty-third state to be admitted to the Union, is a 
part of that territory which was once known as the 
Oregon Country. By the Treaty of 1819, the United 
States compelled Spain to give up her claim to all 
of the Pacific slope north of the 42nd degree of lati¬ 
tude. By the Treaty of 1824, Russia was confined to 
the territory north of 54 deg. 40 min. The wonder¬ 
ful country between, the untold wealth and resources 
of which are just beginning to be unfolded, was left 
in dispute between Great Britain and the United 
States. The claims of the United States upon the 
Oregon country were: (1) Discovery by Captain 
Gray in 1792; (2) first exploration by Lewis and 
Clark in 1805; (3) first settlement by Astor near 
the mouth of the Columbia in 1811; (4) first per¬ 
manent settlement in the Willamette valley in 1832. 
The dispute over this vast territory threatened at 
one time to result in war between Great Britain 
and the United States, but in June, 1846, a com¬ 
promise was agreed to by President Polk, establish¬ 
ing the 49th parallel as the north boundary of the 
United States. Thus the territory, out of which 
have been carved the states of Washington, Oregon, 
and Idaho, became the undisputed possession of the 
United States. Almost immediately a tide of immi¬ 
gration set in from all parts of the Union, so that 
on March 3, 1863, Idaho was organized as a terri¬ 
tory. The history of the Territory of Idaho is suf- 


60 


CIVIL GOVERNMENT OF IDAHO 


ficient for a wonderful volume, and cannot even be 
touched upon in these few lines. 

Admission as a State.—July 4, 1889, a convention 
met in Boise for the purpose of framing a state 
constitution. On the 6th day of August this consti¬ 
tution was signed by the delegates, and on the Tues¬ 
day next after the first Monday in November, it 
was ratified by the people of the Territory by a 
large majority. The Act of Admission was passed 
by Congress, and signed by President Harrison on 
July 3, 1890. The Constitution then went into effect. 
Governor Shoup issued a proclamation on July 18, 

1890, calling an election on October 1, 1890, for the 
purpose of electing all state and county officers pro¬ 
vided for by the constitution. Within thirty days 
after the election, these officers qualified, and the 
new State government was in complete working 
order. The first Legislature, upon call of the Gov¬ 
ernor met on the 8th day of December, 1890, and 
remained in session until the 14th day of March, 

1891, in that time building the frame work of the 
statutory laws of Idaho. 

State Boundaries.—Section 2 of the Idaho Admis¬ 
sion Bill describes the boundaries of the State as 
follows: “Beginning at the intersection of the 
thirty-ninth meridian with the boundary line be¬ 
tween the United States and the British possess¬ 
ions; then following said meridian south until it 
reaches the summit of the Bitter Root mountains; 
thence southeastward along the crest of the Bitter 
Root range and the Continental divide until it in¬ 
tersects the meridian of thirty-four degrees of long- 


THE STATE OF IDAHO 


61 


itude; thence southward on this meridian to the 
forty-second parallel of latitude; thence west on 
this parallel of latitude to its intersection with a 
meridian drawn through the mouth of the Owyhee 
river; north on this meridian to the mouth of the 
Owyhee river; thence down the mid-channel of the 
Snake river to the mouth of the Clearwater River; 
and thence north on the meridian which passes 
through the mouth of the Clearwater to the bound¬ 
ary line between the United States and the British 
possessions; and east on said boundary line to the 
place of beginning/’ 

Preamble to the State Constitution.—“We, the people 
of the State of Idaho, grateful to Almighty God for 
our freedom, to secure its blessings and promote 
our common welfare, do establish this constitution.” 
Compare this preamble with the preamble of the 
United States Constitution. “Grateful to Almighty 
God.” That does not establish a religion, nor re¬ 
quire that anyone must believe in a God, but it does 
say that the people of Idaho recognize that there is 
a God, and that they are thankful to Him for their 
freedom. 

Declaration of Rights.—In reading the Declaration 
of Rights of the people of Idaho one is struck by 
their great similarity to certain sections of the 
United States Constitution, and especially to the 
first ten amendments to that great document. The 
declarations of rights in both these constitutions, 
as well as similar declarations in all state constitu¬ 
tions, are based upon four great documents in Eng¬ 
lish history. They are: The Great Charter, or 
Magna Carta, obtained from King John in 1215; 


62 


CIVIL GOVERNMENT OF IDAHO 


the Petition of Rights, obtained by Parliament from 
Charles I in 1629; the Habeas Corpus Act, passed 
in 1679; and the Declaration of Rights passed by 
Parliament at the time of the final triumph over 
the Stuart kings, and before William and Mary 
were permitted by it to ascend the throne of Eng¬ 
land. Thus we see that our declarations of rights 
are but a repetition of the ancient rights of the 
English speaking people. A decision of the United 
States Supreme Court says that the declaration of 
rights in the first ten amendments of the United 
States Constitution, apply only to the United States 
laws and officers. For this reason, we see these 
same declarations placed in the State constitutions. 
Turn now, and read all of Article I of the State 
Constitution. 

The State Seal.—The Great Seal of the State of 
Idaho was made from a design drawn by Miss 
Emma Edwards, now Mrs. James G. Greene, of 
Boise City. It is in the custody of the Secretary of 
State, and must be affixed to all commissions and 
many documents, in order to establish their validity 
and legality. 




THE STATE OF IDAHO 


63 


Departments of Government.—All the powers of 
government in the State of Idaho are vested in 
three departments, the Legislative, the Executive, 
and the Judicial. In the State, as in the United 
States, an effort is made to keep these departments 
as nearly independent of one another as possible. 


CHAPTER VIII. 


LEGISLATIVE DEPARTMENT. 

Senate and House of Representatives.—The Legisla¬ 
tive Department of the government of the State of 
Idaho consists of a Senate and a House of Repre¬ 
sentatives, and all legislative powers are vested in 
them. The State Constitution at present provides 
that the Senate shall never have in it more than 
twenty-four members, and the House of Represent¬ 
atives never more than sixty members. In the Leg¬ 
islature of 1913 there will be twenty-four Senators 
and sixty Representatives, according to the appor¬ 
tionment made by the Legislature of 1911. Clear¬ 
water and Lewis counties together choose one sen¬ 
ator; Adams and Washington counties, one; and 
Bonneville and Bingham counties, one. Every other 
county in the State is entitled to one senator. The 
apportionment for the House of Representatives in 
the 1913 Legislature is as follows: 

Ada County, five members. 

Adams County, one member. 

Bannock County, three mem¬ 
bers. 

Bear Lake County, two mem¬ 
bers. 

Bingham County, two mem¬ 
bers. 

Blaine County, two members. 

Boise County, one member. 

Bonner County, three mem¬ 
bers. 

Bonneville County, two mem¬ 
bers. 

Canyon County, five members. 

Cassia County, one member. 


Clearwater County, one mem¬ 
ber. 

Custer County, one member. 

Elmore County, one member. 

Fremont County, four mem¬ 
bers. 

Idaho County, two members. 

Kootenai County, four mem¬ 
bers. 

Latah County, three mem¬ 
bers. 

Lemhi County, one member. 

Lewis County, one member. 

Lincoln County, two mem¬ 
bers. 

Nez Perce County, two mem¬ 
bers. 


LEGISLATIVE DEPARTMENT 


66 


Oneida County, three mem¬ 
bers. 

Owyhee County, one member. 
Shoshone County, three mem¬ 
bers. 


Twin Falls County, three 
members. 

Washington County, one 
member. 


At the general election in 1912, the people of 
Idaho will vote upon a proposed amendment to the 
Constitution, which provides that each county in 
the State shall always have one senator, and that 
the number of representatives shall never exceed 
three times the number of senators. 


Election and Qualifications of Members.—The mem¬ 
bers of the Legislature are elected by the qualified 
voters of the State at the general election held on 
the Tuesday after the first Monday in November of 
even years, and hold office for two years from the 
first day of December next following their election. 
Members of the Legislature usually take their oaths 
of office the first day of the regular session follow¬ 
ing their election. No one can be a senator or a rep¬ 
resentative, who is not a citizen of the United 
States, a qualified elector in the State, and an elec¬ 
tor in the district or county from which he is chosen 
for a year next preceding his election. 

Privileges of Members.—In all cases except treason, 
felony, or breach of the peace, senators and repre¬ 
sentatives are privileged from arrest during the 
session of the Legislature, and while going to and 
from the same. No member is liable to a civil pro¬ 
cess of any kind during the ten days before the con¬ 
vening of the Legislature, or during its session. No 
member shall be questioned in any other place for 
words uttered in debate in the Legislature. A mem¬ 
ber of the Legislature, while the same is in session, 


CG-6 


66 


CIVIL GOVERNMENT OF IDAHO 


is a representative of the people. Every safeguard 
is placed about him to protect the interests of the 
people. His private affairs must give way during 
that time to the interests of his constituents. The 
further provision relative to debate insures abso¬ 
lute freedom of speech in the Legislature concern¬ 
ing both men and legislation. It is a crime also for 
a paid lobbyist to attempt to influence the vote of a 
legislator. 

Salary of Members.—Members of both houses of 
the Legislature receive five dollars a day for their 
services, but in order to prevent their continuing in 
session unnecessarily long, the Constitution pro¬ 
vides that not more than $300 be allowed any one 
member. If the session of the Legislature continues 
for a longer period than the sixty days, the law¬ 
makers receive no extra pay. Each member is also 
allowed ten cents a mile for each mile he must 
travel going to and from the Legislature by the 
usual route. The presiding officers receive additional 
pay, equal to one-half their per diem allowance. 

Sessions.—The regular sessions of the Legislature 
are held every odd year commencing on the Monday 
after the first day of January, and continuing 
usually for sixty days. A special session may be 
called at any other time by the Governor, in case of 
urgent demand, and such special session may con¬ 
tinue not longer than twenty days, unless the mem¬ 
bers wish to serve without pay. Only such business 
may be transacted at the special session as is set 
forth by the Governor as his reasons for calling 
such special session. All sessions of the Legislature 
must be held at the Capitol at Boise. A beautiful 


LEGISLATIVE DEPARTMENT 


67 


Capitol building is in process of erection, and when 
completed, will provide ample accommodations for 
the two Houses of our law making body, as well as 
for all other State officials. 

Officers and Attaches.—The officers and attaches of 
the Senate are a president, a secretary, a sergeant 
at arms, a chaplain, a messenger, clerks and pages. 
Those of the House are the same, except that the 
presiding officer is called the speaker, and the sec¬ 
ond officer is called the chief clerk. All these officers 
and attaches are elected by each house, except the 
president of the Senate, who is the Lieutenant Gov¬ 
ernor. In the absence of the president of the Senate, 
that body chooses a president pro tern. The Lieuten¬ 
ant Governor, when presiding, gets no vote except 
in case of tie. The speaker of the House is a mem¬ 
ber of that body and has a right to vote on all 
measures the same as other members. None of the 
other officers or attaches named are members of 
either house. 

Duties of Houses Separately.—In addition to the 
choosing of the officers and attaches just named, 
each House is the judge of the elections, qualifica¬ 
tions, and returns of its own members. Each House 
also adopts parliamentary rules to govern its pro¬ 
cedure. Any member may be expelled by a two- 
thirds vote if good cause is shown. Each House 
must keep a journal of its proceedings, and in it 
shall be recorded the “yeas” and “nays” upon any 
question, when any three members request it, and 
upon all votes upon the final passage of a bill. A 
majority of each House constitute a quorum to do 
business, but a smaller number may adjourn, or 


68 


CIVIL GOVERNMENT OF IDAHO 


compel the attendance of other members by send¬ 
ing the sergeant at arms after them. Neither House 
may adjourn to any other place, nor for more than 
three days without the consent of the other House. 
Such a provision is a wise one as it lessens the 
chance for delay in the work of legislation because 
of unnecessary or long adjournments by either 
House. 

How a Bill Becomes a Law.—All bills may originate 
in either House, except bills for raising revenue, 
which much originate in the House of Represen¬ 
tatives. A certain part of every session is set apart 
for the introduction of bills. At this time, members 
wishing to introduce bills send them to the clerk, 
who reads them by title and the presiding officer 
refers them to the appropriate committee. It would 
be impossible for all bills to be considered by the 
House as a whole. Instead, committees are appoint¬ 
ed, each committee to have under consideration a 
certain class of bills. These committees inquire into 
the merits of the proposed legislation assigned them 
and report to their respective Houses. Unimportant 
bills may be disposed of in this way by committees, 
and not take up the time of the whole House to con¬ 
sider them. When a bill is reported by a committee, 
it is then printed, and put upon its readings. Every 
bill, besides being printed, with all its amendments, 
must be read upon three separate days, before a 
final vote is taken. In case of urgency, the three 
readings on three separate days may be dispensed 
with, but only by a two-thirds majority on a “yea” 
and “nay” vote. The final vote on all bills must be 
by “yeas” and “nays”. No bill is considered passed 


LEGISLATIVE DEPARTMENT 


69 


unless a majority of the members present vote in 
favor of it. 

When a bill is passed in the first House, it is 
signed by the presiding officer, and sent to the 
other House, where it must go through the same 
process, except the printing. If it passes the second 
House, it is signed by the presiding officer, and sent 
to the Governor for his signature. If the bill is in 
any way amended in the second House, it must go 
back again to the House where it originated. The 
two Houses must agree upon exactly the same pro¬ 
visions and words, before the bill can go to the Gov¬ 
ernor for his consideration. Often it is necessary 
for the two Houses to appoint a conference com¬ 
mittee to agree upon certain features of a disputed 
measure, and report to their respective Houses in 
the hopes of reaching an agreement. 

If the Governor signs the bill, it becomes a 
law in sixty days after the close of the session, un¬ 
less an emergency is declared in the bill, in which 
case it may go into effect earlier, even immediately 
upon its final approval. If the Governor does not ap¬ 
prove of the bill, he must return it with his objec¬ 
tions to the House in which it originated. His ob¬ 
jections are recorded on the journal, and then the 
House proceeds to reconsider the bill. If the meas¬ 
ure is then passed by a two-thirds vote of both 
Houses, it becomes a law without the signature of 
the Governor. Any bill which shall not be returned 
by the Governor in five days (Sundays excepted) 
after it has been presented to him, is a law the 
same as if he had signed it, unless the Legislature 
prevent its return by adjournment. Upon the ad- 


70 


CIVIL GOVERNMENT OF IDAHO 


journment of the Legislature, all bills which the 
tjrovernor wishes to veto, must be filed with his ob¬ 
jections in the office of the Secretary of State with¬ 
in ten days after the close of the Legislature, or 
they become law. 

Miscellaneous Provisions.—No laws shall be passed 
except by bill. That is to say, no resolutions are 
laws. The enacting clause of every bill must read: 
4 ‘Be it enacted by the Legislature of the State of 
Idaho.” The subject matter in a bill must be clearly 
expressed in the title. This is to avoid the possibil¬ 
ity of passing any measure unawares, by having it 
tacked to another as an amendment. All laws must 
be as clearly worded as possible. The Legislature 
may propose amendments to the Constitution by a 
two-thirds vote of both Houses; when such amend¬ 
ments are ratified by a majority of the votes at a 
general election, they become a part of the Con¬ 
stitution. The Legislature may also, if it thinks ad¬ 
visable, provide for calling a convention for the 
purpose of proposing amendments to the Constitu¬ 
tion. The Legislature may ratify an amendment to 
the United States Constitution, when submitted to 
it by the United States Congress. (See U. S. Consti¬ 
tution, Art. V.) The Legislature is prohibited by 
the Constitution from passing special laws in a 
good many cases. A special law is one affecting only 
a few persons, or a certain county or locality. The 
business of the Legislature is to make laws for all 
people, not for a few. Read Article III, Section 19, 
of the State Constitution. 


LEGISLATIVE DEPARTMENT 


71 


SUGGESTIVE QUESTIONS. 

1. Have you ever visited the Legislature while in session? 

2. Name the state senator from your county. 

3. Name the representative or representatives from your 

county. 

4. Why should the State build a beautiful and expensive 

Capitol building? 

5. A member of the Legislature cannot accept an office cre¬ 

ated by the Legislature of which he is a member. Why? 

6. The Legislature has neither executive nor judicial officers 

over it; only the constitution. Explain why. 


CHAPTER IX. 


EXECUTIVE DEPARTMENT. 

The Executive Department.—The Executive Depart¬ 
ment consists of a Governor, a Lieutenant Gover¬ 
nor, a Secretary of State, a State Auditor, a State 
Treasurer, an Attorney General, and a Superin¬ 
tendent of Public Instruction. (Art. IV, Sec. 1). 
Their term of office is two years, beginning on the 
first Monday in January after their election. They 
are elected by the qualified voters of the State at 
the general election, the Tuesday after the first 
Monday in November of even numbered years. In 
case of a tie vote for any of these offices, it is the 
duty of the Legislature, immediately upon assem¬ 
bling, to select for the office one of the candidates re¬ 
ceiving a tie vote. 

Qualifications for State Offices.—No one is eligible 
to any of the above named offices unless he is a cit¬ 
izen of the United States, and for two years next 
preceding his election a resident of the State. The 
Governor and the Attorney General must be at least 
thirty years of age, and all the others at least 
twenty-five. The Attorney General must also have 
been admitted to practice in the Supreme Court of 
the State or Territory, and be in good standing at 
the time of his election. There are good reasons for 
these required qualifications. No one but a citizen 
should be put into such responsible positions, and 
no matter how well qualified, or of how high stand¬ 
ing in the nation, no man should be chosen for a 


EXECUTIVE DEPARTMENT 


73 


State office, until he has made his home in the State 
for at least two years, and by that residence become 
thoroughly familiar with the affairs of the State. 
We also feel that we can more safely trust the busi¬ 
ness of the State in the hands of men who are old 
enough to know by experience what is best, for, 
“However learned or eloquent, man knows nothing 
truly, that he has not learned from experience.” 

Governor.—The office of Governor, the chief ex¬ 
ecutive position in the State, is a most important 
one. It requires of its successful incumbent, devo¬ 
tion to duty, sound judgment, careful discernment, 
and unswerving fidelity. As the highest magistrate, 
he is the official counsellor of the Legislature, and 
has a veto or suspensive power upon its action. 
When the Legislature is not in session, he is bound 
to take such steps as are necessary to guard the 
State against invasion, rebellion, or mob violence. 
For this reason he is made commander-in-chief of 
the militia of the State. He is chosen for only two 
years at a time, so that he may feel closely depend¬ 
ent upon the will of the people, and as there is but 
one person as the chief executive, rather than a 
body of persons, he must feel the weight of respon¬ 
sibility and act accordingly. 

Power and Duties of Governor.—It is the duty of the 
Governor to supervise the official conduct of all ex¬ 
ecutive and ministerial officers of the State, and to 
see that all offices are filled and their duties per¬ 
formed. He is the only official organ of communica¬ 
tion between this State and any other state or the 
United States; he may offer rewards for the capture 
and conviction of escaped criminals or fugitives 


74 


CIVIL GOVERNMENT OF IDAHO 


from justice, not to exceed $1,000 in crimes punish¬ 
able by death, nor $500 in felonies not punishable 
by death; he may command the Attorney General 
or the prosecuting attorneys of the State to take 
such action as may be necessary in the enforcement 
of the laws. He may call upon the governors of other 
states for the return of fugitives from this State, 
or deliver up fugitives from other states. He may 
require any officer to make a special report to him 
in writing; he must also keep a record of all his of¬ 
ficial acts. Other special duties of the Governor will 
be named when we come to the various state boards 
of which he is a member. 

Lieutenant Governor.—The Lieutenant Governor is 
the presiding officer of the Senate. In case of the 
failure to qualify, death, resignation, or removal 
from office of the Governor, or of his absence from 
the State, or inability to fulfill the duties of the of¬ 
fice, the Lieutenant Governor becomes Governor for 
the rest of the term, or until such disability is re¬ 
moved. In case the office of Governor should be left 
vacant by both Governor and Lieutenant Governor, 
then the duties of the office devolve upon the Pres¬ 
ident pro tempore of the Senate, and in case of his 
death, removal, or failure to qualify, the Speaker of 
the House succeeds to the Governorship. 

The Secretary of State.—It is the duty of the Secre¬ 
tary of State to hold in custody: All the acts, reso¬ 
lutions, memorials, and proposed amendments to 
the Constitution, passed by the Legislature; the 
journals of both houses of the Legislature; the 
Great Seal of the State of Idaho; all books, records, 
deeds, parchments, maps and papers, kept or de- 


75 


EXECUTIVE DEPARTMENT 


posited in his office by law. Besides being the cus¬ 
todian of state property, and having the power to 
distribute books, records, blanks and so forth, ac¬ 
cording to law, he is also required to keep a record 
of and attest all the official acts and proclamations 
of the Governor, affixing the State Seal to every 
document requiring the official signature of the 
Governor. 

State Auditor.—The State Auditor is the book¬ 
keeper of the State government. It is his duty to 
keep a record of all appropriations made by the 
Legislature, and to call upon each county in the 
State for the payment of the taxes needed for the 
maintenance of the government of the State, accord¬ 
ing to the amount of taxable property in each 
county. (See Chapter XI, Taxation). He must issue 
warrants for all money paid by the State from its 
treasury, and keep a correct account of these war¬ 
rants and upon what fund drawn. It is his duty also 
to make calculations of the amount of appropria¬ 
tions necessary for the maintenance of the govern¬ 
ment of the State for two years, and submit such 
reports to the Governor for the information and 
use of the Legislature. He must keep an account of 
the State with the United States, any other state, 
the various counties of the State, and all persons or 
corporations having accounts with the State. 

State Treasurer.—The duties of the State Treasurer 
are to receive all moneys paid to the State from 
taxes, interest on public funds or from any other 
source, to hold in custody all money belonging to 
the State, including the various school and univer- 


76 


CIVIL GOVERNMENT OF IDAHO 


sity funds, and to pay out the same only upon war¬ 
rants issued by the State Auditor according to law. 
He must keep separate accounts of all the funds in 
his possession, and how disbursed. He is required 
to give bond in the sum of sixty-five thousand dol¬ 
lars. 

Attorney General.—The Attorney General is the 
attorney for the State and as such must prosecute 
or defend all cases to which the State or any officer 
thereof, when acting in his official capacity, is a 
party. He is empowered to exercise supervisory 
control over the prosecuting attorneys of the State 
in all matters pertaining to the duties of their of¬ 
fices and to assist them in their duties when neces¬ 
sary. He must, when requested by the Legislature, 
either House thereof, the Governor, other executive 
officers, or trustees of state institutions, give his 
written opinion upon matters of law pertaining to 
the duties of their offices. 

State Superintendent of Public Instruction.—In addi¬ 
tion to the constitutional qualifications for the office 
of State Superintendent of Public Instruction, the 
law requires that no person shall be a candidate for 
the office who is not a holder of a valid state or 
state life certificate, and who is not at the time of 
nomination, actively engaged in educational work, 
either in the public schools or state educational in¬ 
stitutions of the State. The State Superintendent is 
the executive officer of the State Board of Educa¬ 
tion (See page 82). It is his duty to exercise gen¬ 
eral supervision of the county superintendents and 
the public school system of the State. He shall semi- 


EXECUTIVE DEPARTMENT 


77 


annually distribute the State school fund among 
the several counties according to the school census. 
He shall provide for holding institutes and as¬ 
sociations; have printed and partially distributed 
the school laws of the State; visit the schools in 
those parts of the State most in need of supervision; 
and perform such other duties as naturally apper¬ 
tain to the office at the head of a state educational 
system. The State Superintendent is required by 
law to make a report to the Governor at least once 
in two years on the condition of the schools of the 
State, with necessary recommendations for their 
improvement. 

Other Executive Offices, Boards and Commissions.—Sev¬ 
eral other offices have been created by the Legisla¬ 
ture from time to time, which are closely connected 
with the Executive Department of the State govern¬ 
ment. They are the offices of Inspector of Mines; 
State Engineer; Game Warden; State Horticultur¬ 
al Inspector; State Insurance Commissioner; State 
Bank Examiner; Commissioner of Immigration, 
Labor and Statistics; State Dairy, Food and Sani¬ 
tary Inspector; State Chemist; State Hay and Grain 
Inspector; and State Veterinary Surgeon. In addi¬ 
tion to the foregoing named officers there are sev¬ 
eral boards and commissions, which have been 
created either by the Constitution or by statute to 
assist in the execution of the laws of the State. 
These boards, commissions, and other executive of¬ 
ficers will now be considered. 

Inspector of Mines.—The office of Inspector of 
Mines is filled by election at the same time and in 
the same manner as other State offices. It is the duty 


78 


CIVIL GOVERNMENT OF IDAHO 


of the Inspector of Mines to visit every mining 
county in the State at least once each year, and to 
examine such mines as he may think necessary in 
regard to their condition of safety, and when a mine 
is found in an unsafe condition, to notify the own¬ 
ers or operators to put the same into safe condition. 
In case the owners or operators fail to comply with 
his orders, he must notify the Attorney General, 
and that official will institute criminal proceedings 
at once upon the grounds of criminal negligence. It 
is the further duty of the Inspector of Mines to col¬ 
lect information and statistics relative to the min¬ 
ing industry of the State, and to collect, arrange 
and classify mineral and geological specimens found 
in the State, and send the same to the State School 
of Mines. 

State Engineer.—The office of State Engineer is 
filled by appointment by the Governor for a term 
of four years. The State Engineer is required by law 
to measure and keep a record of the flow of all 
streams of the State which may be used for irriga¬ 
tion purposes; to make surveys to ascertain suitable 
sites for storage reservoirs; to inspect all charts or 
plans for dams or dykes to be constructed in the 
State; and to inspect or cause to be inspected all 
dams or embankments, causing the same to be re¬ 
built if found in a dangerous condition. 

Fish and Game Warden.—A State Fish and Game 
Warden is appointed by the Governor at the begin¬ 
ning of his term of office to serve for two years. 
This officer is authorized by law to divide the State 
into not to exceed six districts, and to appoint a chief 
deputy, not to exceed six assistant chief deputies, 


EXECUTIVE DEPARTMENT 


79 


and such deputy game wardens as seem necessary. 
It is the duty of the Warden and deputies to enforce 
the laws of the State relating to game and fish, and 
arrest and cause to be prosecuted all violators of the 
game laws. Provision has also been made for the 
establishment of game preserves and fish hatcheries, 
and it is the duty of the Fish and Game Warden to 
enforce all laws relating thereto. It is made the 
duty of this officer and his deputies and assistants to 
provide means for the extermination of wild animals, 
not considered as game, such as the wolf, coyote, 
wild cat, cougar, and so forth. For this purpose he 
may draw upon the State Predatory Animal Fund. 
(See page 101). 

State Insurance Commissioner.—Another appoint¬ 
ment that the Governor is required to make for a 
term of two years is that of State Insurance Com¬ 
missioner. This officer must be a citizen of the State 
and experienced in matters of insurance, but must 
not be interested, directly or indirectly, in any in¬ 
surance company as an officer, director or agent. It 
is the duty of the Insurance Commissioner to see 
that the laws pertaining to insurance and insurance 
companies are enforced. As ex-officio State Exam¬ 
iner, it is his duty to keep an inventory of all chat¬ 
tel property belonging to the State, supervise the 
system of accounts used in both State and county 
offices, and make reports as to the character and 
financial standing of all bondsmen for the various 
officers. 

Commissioner of Immigration, Labor and Statistics.— 
The Commissioner of Immigration, Labor and Sta¬ 
tistics is appointed by the Governor every two years. 


80 


CIVIL GOVERNMENT OF IDAHO 


It is the duty of such commissioner to collect statis¬ 
tics concerning the climate, soil, and the various re¬ 
sources of the State, to make exhibits of the pro¬ 
ducts of the State, and to have printed and dis¬ 
tributed from time to time, information he may 
have in his possession which will be of value to the 
people of the State generally. Excellent maps of 
Idaho are issued occasionally by authority of this 
office. These may be obtained by any citizen of the 
State upon application. 

State Board of Horticultural Inspection.—The State 
Board of Horticultural Inspection is composed of 
five members appointed by the Governor every two 
years. It is the duty of this Board to appoint a State 
Horticultural Inspector and to divide the State into 
as many districts for the purpose of inspection as 
seem best. The State Inspector shall appoint a de¬ 
puty inspector for each of these districts, subject to 
the confirmation of the Board. It is the duty of the 
Inspector and deputies to visit and inspect the var¬ 
ious orchards of the State for the purpose of dis¬ 
covering any pests that may be doing injury to the 
orchards, trees or vineyards of the State. When 
such pests are found it is the duty of the Board to 
take such steps as are necessary to get rid of them. 
The Board serves without compensation, but re¬ 
ceives actual expenses. 

State Board of Health.—The State Board of Health 
is composed of the Attorney General, the State En¬ 
gineer, two physicians appointed by the Governor, 
and another physician appointed by the Board as 
secretary. It is the duty of this Board to have gen¬ 
eral supervision over all matters relating to the pre- 


EXECUTIVE DEPARTMENT 


81 


servation of the life and the health of the citizens 
of the State. The Board is authorized to appoint a 
Dairy, Food and Sanitary Inspector; a Deputy, a 
State Chemist, and such other assistants as are 
needed to carry on the work of this department. 

Live Stock Sanitary Board.—The Live Stock Sani¬ 
tary Board is composed of seven members appointed 
by the Governor, three representing the sheep in¬ 
terests of the State, three the cattle interests, and 
one the horse interests. It is the duty of this Board 
to exercise a general supervision over the live stock 
interests of the State, protecting them from loss by 
theft and disease, and helping to enforce the laws in 
regard to inspection, dipping, quarantine and so 
forth. The Governor also appoints a State Veterin¬ 
ary Surgeon, who executes all laws governing the 
live stock interests, and appoints deputy inspectors 
for each live stock inspection district created by the 
Sanitary Board. 

State Bank Commissioner.—A State Bank Commis¬ 
sioner is appointed by the Governor for a term of 
four years. The State has passed very strict laws to 
govern the management of state banks. It is the 
business of the Bank Commissioner to make a reg¬ 
ular examination of the condition of all state banks 
and see that the banking laws are not being in any 
way violated. He is given power to close any bank 
which does not conform to the laws. 

State Grain Commission.—The State Grain Commis¬ 
sion is composed of three members appointed by the 
Governor for a term of two years. It is the duty of 
this commission to establish standard grades of hay 


OG-6 


82 


CIVIL GOVERNMENT OF IDAHO 


and grain, to be known as “Idaho Grade”; to exer¬ 
cise general supervision over the hay and grain in¬ 
terests of the State, and to make all necessary rules 
and regulations for the weighing and the grading 
of hay and grain and its storage in public ware¬ 
houses. The Commission is also authorized to ap¬ 
point a State Hay and Grain Inspector for a term 
of two years. It is his duty to enforce the rules and 
regulations established by the Commission. 

State Board of Arbitration.—The State Board of 
Arbitration, which is composed of the two labor 
commissioners and the district judge of the district 
where there is business for arbitration, has for its 
duties the investigation of strikes and lockouts, and 
the settling of disputes between employers and em¬ 
ployees. No number less than twenty-five can peti¬ 
tion for arbitration. 

State Board of Canvassers.—The Governor, the Sec¬ 
retary of State, the State Auditor, the State Treas¬ 
urer, and the Attorney General, or any three of 
them, constitute this Board, and its duties are to 
canvass the abstracts of votes from all the counties 
for electors of President and Vice President, for 
Representatives in Congress, Judges of the Su¬ 
preme Court and district courts, senators and rep¬ 
resentatives, and all State officers, and determine 
who are elected to these offices, whereupon the Sec¬ 
retary of State issues certificates of election. In case 
of a tie vote for any office except those named in the 
first paragraph of this chapter, the Board of Can¬ 
vassers determines by lot which shall be declared 
elected. 


EXECUTIVE DEPARTMENT 


83 


State Board of Education.—The State Board of Edu¬ 
cation is composed of the State Superintendent of 
Public Instruction, the Secretary of State, and the 
Attorney General. The duties of the Board are: To 
exercise a general supervision over the educational 
work of institutions wholly or partly supported by 
the State, which are not under the supervision of 
the public school authorities, and also over the work 
of county and city superintendents and of the pub¬ 
lic schools generally; to prescribe rules for the san¬ 
itary inspection and equipment of school buildings; 
to prepare a state course of study for the schools; 
to prepare or cause to be prepared questions for all 
classes of teachers’ certificates and to appoint a 
board of examiners to grade the papers of all appli¬ 
cants for certificates; to prescribe rules and regu¬ 
lations for teachers’ institutes; and to recommend 
to the Governor and to the Legislature needed leg¬ 
islation. 

State Board of Equalization.—The State Board of 
Equalization is composed of the Governor, the Sec¬ 
retary of State, the State Auditor, the Attorney 
General, and the State Treasurer, and its principal 
duties are to equalize the assessed valuation of 
property between counties, and to assess all prop¬ 
erty of public service corporations in the State. (See 
Chapter XI, Taxation). 

State Board of Examiners.—The State Board of Ex¬ 
aminers consists of the Governor, the Secretary of 
State, and the Attorney General. All claims against 
the State, except for salaries, shall be submitted to 
this Board and approved, before a warrant can be 
issued by the Auditor. 


84 


CIVIL GOVERNMENT OF IDAHO 


State Board of Land Commissioners.—The State Board 
of Land Commissioners is made up of the Governor, 
the Superintendent of Public Instruction, the Sec¬ 
retary of State, the Attorney General and the State 
Auditor. Its duties shall be the direction, control, 
and sale of public lands of the State, under such 
regulations as may be established by law. These 
lands comprise sections 16 and 36 in every town¬ 
ship, known generally as school lands, all lands 
taken in lieu of these sections, all lands given by the 
National government to the various institutions of 
the State, and also what are known as Carey Act 
lands. 

State Highway Commission.—The State Highway 
Commission is composed of the Governor, the State 
Engineer, and the State Mining Inspector; its prin¬ 
cipal duty is the supervision of the construction of 
all roads built at state expense. 

Other Boards of Examiners.—The State Board of 
Medical Examiners, composed of six physicians re¬ 
presenting at least three schools of medicine; the 
State Board of Pharmacy, composed of three mem¬ 
bers; the State Board of Osteopathic Examination 
and Registration, composed of five members; the 
State Board of Dental Examiners, composed of five 
members; the State Board of Examination and Re¬ 
gistration of Graduate Nurses, composed of two 
nurses and one physician; and the State Board of 
Examination in Optometry, composed of three mem¬ 
bers ; all have duties and powers suggested by their 
titles. The Legislature has passed laws preventing 
anyone from practicing in these professions, unless 
he shows his competence by examination. 


EXECUTIVE DEPARTMENT 


85 


State Board of Pardons, and Prison Commissioners.— 
In the United States the President is given power 
to grant pardons to those who he may have good 
reasons to think should not be punished as the 
courts have decreed. In some states this same power 
is given to the Governor. In Idaho the pardoning 
power is vested in a Pardon Board, composed of the 
Governor, the Secretary of State, and the Attorney 
General. The Governor has only the power to grant 
reprieves or respite until the next meeting of the 
Pardon Board. The same three State officers also 
compose the State Board of Prison Commissioners, 
whose duties are to have in charge and control the 
State penitentiary, and to appoint a warden for 
that institution to serve during the pleasure of the 
Board. The warden may appoint such deputies and 
assistants as are necessary, subject to the approval 
of the Board. The State penitentiary is located at 
Boise. 

Trustees of Soldiers’ Home.—The Governor, the Sec¬ 
retary of State, and the Attorney General consti¬ 
tute the Board of Trustees for the Soldiers’ Home 
located at Boise. They have general supervision and 
control of this institution, making all necessary 
rules and regulations for its government. 

Board of Trustees of Capitol Buildings and Grounds.— 
The Governor, the Secretary of State, and the State 
Treasurer constitute a board for the care and main¬ 
tenance of the Capitol buildings and grounds, and 
for the hiring of all necessary janitors, gardeners, 
and so forth. 

Directors of the Insane Asylums.—A board of three 
members is appointed by the Governor for each of 


CIVIL GOVERNMENT OF IDAHO 


the insane asylums of the State, to have the full 
management and control of those institutions. One 
State asylum is located at Blackfoot and the other 
at Orofino. 

The State Sanitarium.—The Legislature of 1911 
provided for the establishment of this institution 
for the care, protection, treatment, and education of 
feeble minded and epileptic persons. The three mem¬ 
bers of the first Board are appointed for terms of 
two, four, and six years, respectively, and after¬ 
ward one member is to be appointed by the Gover¬ 
nor every two years for a term of six years. This 
Board has complete control of the management of 
the sanitarium, which is located near Nampa. 

Board of Regents State University.—The State Uni¬ 
versity of Idaho, located at Moscow, is under the 
management of a Board of Regents. Two members 
of the Board are chosen every two years by the 
Governor for a term of six years. This Board has 
full control of the University, the power to choose 
instructors, prescribe courses of study, and make 
rules for the admission of pupils. 

State Normals and Academy.—The Lewiston and 
Albion State Normals, and the Academy of Idaho 
located at Pocatello, are all under the management 
of Boards of Trustees, each consisting of six mem¬ 
bers, two to be appointed by the Governor every 
two years for a term of six years. The State Super¬ 
intendent is ex-officio a member of both Normal 
School Boards. 

State Industrial School.—The Industrial School at 
St. Anthony is under the control and supervision of 


EXECUTIVE DEPARTMENT 


87 


a Board of four members, two men and two women, 
appointed by the Governor and confirmed by the 
Senate, two to be appointed every two years for a 
term of four years. The Governor and the State 
Superintendent are ex-officio members of the Board 
of Trustees of this institution. “The purpose of such 
school shall be the care, protection, training and 
education of delinquent, dependent and neglected 
children, and to provide for the care, control and 
discharge of juvenile offenders.” (See Chapter V). 

School for Deaf, Dumb and Blind.—The State School 
for the Deaf, Dumb and Blind is located at Gooding, 
and is under the direct control and supervision of 
the State Board of Education. The census marshal 
in each district should note the children in his dis¬ 
trict that are eligible to attend this State school, and 
report the names to the county superintendent, who 
in turn reports to the State Superintendent, and the 
necessary steps are taken for the admission of such 
children to the school at Gooding. 

Commission for Summer Normal Schools.—The State 
Superintendent and the presidents of the two State 
Normals form a commission for the establishment 
and maintenance of three Summer Normal Schools, 
one to be located at Boise, one at Pocatello, and one 
at Coeur d’Alene or Sandpoint. These schools con¬ 
tinue for a term of six weeks during the summer 
vacation, and each has for its maintenance an ap¬ 
propriation of $1,000 a year, besides the tuition 
charges of all who are in attendance. 

Text Book Commission.—The State Board of Edu¬ 
cation in April, 1907, appointed by law a Board of 


88 


CIVIL GOVERNMENT OF IDAHO 


Text Book Commissioners, to serve for a term of 
six years. This Board adopted a uniform series of 
text books for the use of the schools in the State, 
and made contracts for furnishing the same for a 
period of six years. 

State Library Commission.—The State Library Com¬ 
mission is composed of the Attorney General, the 
Secretary of State, the State Superintendent, and 
the President of the State University, and has charge 
of the traveling library or libraries of the State, ap¬ 
pointing a qualified librarian, whose duties shall be 
defined by the Commission. 

Salaries.—The Salaries of the State Officers are as 
follows: 

Governor .$5,000 

Secretary of State... $3,000 

Auditor .$3,000 

Treasurer .$4,000 

Attorney General .... $4,000 
State Superintendent .$2,400 

Mine Inspector .$2,400 

Dairy, Food, Food and 
Sanitary Inspector. .$2,400 
Secretary, Board of 

Health .$1,800 

State Chemist .$2,000 

Fish and Game War¬ 
den .$1,200 

Veterinary Surgeon ..$1,800 

In addition to their salaries, each of the State of¬ 
ficers is allowed a certain amount for clerk hire and 
office expense, and traveling expense where neces¬ 
sary. 


Insurance Commission¬ 


er .$2,400 

Immigration Commis¬ 
sioner .$2,400 

State Engineer .$3,600 

Bank Examiner .$4,000 

Horticultural Inspec¬ 
tor .$1,800 

Hay and Grain Inspec¬ 
tor .$1,500 

Water Commissioner.. $2,000 
Traveling Librarian.. $ 1,200 
Supt. Soldiers’ Home..$1,200 
Warden Penitentiary..$1,200 


SUGGESTIVE QUESTIONS. 

1. Name the persons filling the offices named in the first 

paragraph of this chapter. 

2. Suppose both the Governor and Lieutenant Governor 














EXECUTIVE DEPARTMENT 


89 


should die during the month of December on an even 
year, who would act as Governor until the first Mon¬ 
day of January following? 

3. Is there any State officer from your county? 

4. How can one procure a game license? What does it cost? 

5. Give a synopsis of the game laws of Idaho. 

6. What are the advantages to the state of the various kinds 

of inspection mentioned on pages 80 and 81? 

7. Have you ever visited any of the State penal or charitable 

institutions? Give an account of your visit. 

8. A free education is provided for all by the State in ele¬ 

mentary schools and colleges. Why not in high school 
also? 

9. What advantages are there in having a uniform system 

of text books in the State? 


CHAPTER X. 


JUDICIAL DEPARTMENT. 

The Judicial Department.—Article V, Section 2, of 
the State Constitution reads: “The judicial power 
of the State shall be vested in a court for the trial 
of impeachments, a supreme court, district courts, 
probate courts, courts of justices of the peace, and 
such other courts inferior to the supreme court, as 
may be established by law, for any incorporated city 
or town/’ In preceding chapters we have studied 
about all the different courts of the State, except the 
court for the trial of the impeachments, and the Su¬ 
preme Court. 

Impeachment.—Public officers sometimes commit 
acts for which it is thought best they should be pun¬ 
ished. The sole power of impeachment devolves up¬ 
on the House of Representatives. Just as a grand 
jury accuses a person of crime, and brings him to 
trial in the district court, so the House of Repre¬ 
sentatives accuses an officer of some public offense, 
and brings him to trial before the bar of the Senate. 
Only executive and judicial officers are liable to im¬ 
peachment. Why? 

Trial.—When the Senate tries a case of impeach¬ 
ment, it is a judicial and no longer a legislative body. 
It is necessary for the senators to take a special oath 
before entering upon such a trial, for they are act¬ 
ing as judges, not legislators. In order to convict a 
person, upon impeachment, a two-thirds majority of 


JUDICIAL DEPARTMENT 


91 


all the senators is required. If convicted, the officer 
loses his position, and may be disqualified from hold¬ 
ing any office in the State thereafter. If the offense 
is of a criminal nature, he may afterwards be in¬ 
dicted, tried, and punished by the courts, the same as 
any other person. When the Governor is impeached, 
the Constitution provides that the Chief Justice must 
preside over the Senate. There are two reasons for 
this: first, when the Governor is being impeached, 
the Lieutenant Governor is Acting Governor, and 
could not occupy both positions at the same time; 
and second, the Lieutenant Governor might not be a 
wholly impartial officer in the trial of the Governor, 
whom he would succeed in office. 

The Supreme Court.—The Supreme Court of the State 
of Idaho consists of three Justices, two of whom shall 
constitute a quorum and may render a decision. 
These Supreme Judges are elected by the voters of 
the State at the same time and in the same manner 
as the Governor. One Justice is chosen at the regular 
election every two years for a term of six years. This 
method of alternate election provides that two mem¬ 
bers of the Court will always have had experience 
on the Supreme Bench, one for two years and the 
other for four years, at the time of every new elec¬ 
tion. 

Chief Justice.—At the reorganization of the Court 
after every election, the Justice who has the shortest 
time to serve is the Chief Justice for two years, and 
as such presides at all sessions of the Court. When 
he is absent, the Justice having the next shortest 
time to serve shall preside in his stead. In the fore- 


92 


CIVIL GOVERNMENT OF IDAHO 


going plan, a Justice serving by appointment or elec¬ 
tion to fill a vacancy is excepted. 

Terms of Court.—There are four regular terms of 
the Supreme Court, each year, two at Boise, and two 
at Lewiston. The time of the session is fixed by the 
Court. In case of epidemic or destruction of court 
house, it could meet in some other place. 

Jurisdiction.—The Supreme Court has two kinds of 
jurisdiction, appellate and original. It has jurisdic¬ 
tion to review all cases appealed to it from the deci¬ 
sions of the district courts. If the Supreme Court 
finds upon reviewing any such case that the district 
court erred in its conduct of the case, or gave a de¬ 
cision not warranted by the evidence, the decision of 
the district court is reversed, and the case is sent 
back to the lower court for a new trial or for such 
action as decreed by the Supreme Court. If the Su¬ 
preme Court finds that the lower court made no mis¬ 
take, the decision of the lower court is said to be af¬ 
firmed. No suit can be originally begun in the Su¬ 
preme Court. The original jurisdiction then of the 
highest court in the State, except when it acts as a 
Court of Claims, consists solely in its power to issue 
four kinds of writs upon application. These four 
writs are: Mandamus, certiorari, prohibition or in¬ 
junction, and habeas corpus. 

Mandamus.—The word “mandamus” means “we 
command”. Such a writ is issued generally by the 
court to some officer compelling him to do his duty. 
If the mayor of a city should refuse to call an elec¬ 
tion provided for by law; if the county commission¬ 
ers should fail to levy a tax of not less than five nor 


JUDICIAL DEPARTMENT 


more than ten mills for the support of the schools of 
the county; if a judge should refuse to try a case 
which he should try; in any of these cases, a writ of 
mandamus would order the officer to do his duty. If 
an officer refuses or neglects to comply with the order 
contained in a writ of mandamus issued by the Su¬ 
preme Court, he is fined for contempt of court. 

Certiorari.—Certiorari is a writ issued to a lower 
court compelling it to certify the record of its pro¬ 
ceedings to a higher court. For instance, if a case is 
appealed to the Supreme Court it is necessary that a 
record of the proceedings of the lower court be sent 
to the Supreme Court. If this is not done, a writ of 
certiorari compels the sending up of the desired re¬ 
cords. 

Prohibition or Injunction.—A writ of injunction is 
issued by the Supreme Court to prevent an officer, 
company, or individual from doing some intended 
act, for which there is no authority in law, and which 
will do injury to others. A writ of injunction may 
prevent a sheriff from selling property, when such 
sale would be illegal; it may stop a railroad from 
building across a person’s farm, unless warranted by 
law; or it may prohibit the illegal taking of water 
from a stream by an irrigation company. 

Habeas Corpus.—If any person who has been arrest¬ 
ed and thrown into jail, thinks he is not being held 
lawfully, he may ask the court for a writ of habeas 
corpus. In compliance with this request, the court by 
the writ of habeas corpus, commands the officer hold¬ 
ing such person in custody to bring the prisoner be¬ 
fore the court and show by what authority he holds 


94 


CIVIL GOVERNMENT OF IDAHO 


him prisoner. If the court finds that the prisoner is 
being lawfully held, he is remanded to jail; but if it 
is found otherwise, the prisoner goes free. He is not 
however, declared innocent of the charge against 
him. He must answer for trial just the same as if 
the writ had not been issued. 

Examination for Admission as an Attorney.—Another 
important duty of the Justices of the Supreme Court 
is to give a strict examination in open court to all ap¬ 
plicants for admission to the bar as attorneys or 
counsellors at law. If an applicant is found qualified, 
he is admitted to practice law before all courts of the 
State, after paying the required fee of twenty-five 
dollars for the use of the State Law Library fund. 
Attorneys in good standing in other states may be 
admitted by the Court to practice without examina¬ 
tion. If any person practices law in any court in the 
State, except a justice’s court, without having been 
regularly admitted to practice law, he is guilty of 
contempt of court. 

Court of Claims.—The Supreme Court has original 
jurisdiction to hear all claims against the State. If 
upon investigation the Court finds that such claims 
are just, it recommends to the Legislature that an 
appropriation be made in payment of such claims. 
The Court cannot compel or force any such claims to 
be paid, by execution or otherwise. 

Officers and Salaries.—A clerk of the Supreme Court 
is appointed by the Court to hold office during its 
pleasure. A librarian is also appointed to have charge 
of the library of the Court, which is also very exten¬ 
sive as it contains reports of judicial proceedings in 


JUDICIAL DEPARTMENT 


95 


all the states. The salary of a Supreme Court Justice 
is $5,000; of the clerk of the Supreme Court, $2,500; 
and of the librarian, $1,200. 

SUGGESTIVE QUESTIONS. 

1. Name the Justices of the State Supreme Court. 

2. Who is the Chief Justice? 

3. Who will be Chief Justice next? 

4. Do you think it is right that the Supreme Court, acting 

as a Court of Claims, cannot compel the payment of a 
just claim against the State? Why? 


CHAPTER XI. 


MISCELLANEOUS. 

Water Rights and Irrigation.—The subject of Water 
Rights and Irrigation means much to the citizens 
of Idaho. Over forty pages of statute law have been 
passed by the Legislature from time to time in con¬ 
nection with this subject, while many states need 
have no laws of this kind whatever. In these laws 
the State undertakes to supervise the appropriation 
and use of water from the natural springs, lakes and 
streams of the State. The right to the use of such 
water comes by appropriation, if such appropriation 
is for a beneficial purpose. “As between appropri¬ 
ated, the first in time is the first in right.” 

For the purpose of administering and controlling 
the public waters, the State is divided into three 
“Water Divisions”, and a water commissioner is 
appointed by the Governor for each division. These 
commissioners and the State Engineer constitute the 
State Board of Irrigation. This Board divides the 
State into as many water districts as seem advis¬ 
able, and a watermaster is elected for each district. 
The water commissioner calls an election in each 
water district, the first Monday in March each year, 
and at this election the water users choose a water 
master for the district. The water masters and their 
deputies and assistants regulate the distribution of 
water among the several ditches in their districts, 
and the various water users according to their rights 
and necessities. The watermasters receive pay at 


MISCELLANEOUS 


97 


the rate of four dollars a day for their services, this 
sum is paid by the county, and a watermasters’ tax 
placed against the land to repay the county. The 
county commissioners have the power to determine 
the rate that may be charged for the use of water 
from any ditch. 

State Historical Society.—The Historical Society of 
Idaho Pioneers, by a law passed in 1907, became the 
Historical Society of the State of Idaho, and at that 
time turned all its property over to the State. For 
the care and control of this property, and of all other 
books, charts, pictures, specimens and relics, that 
may come into the possession of the Society, a Board 
of three Trustees is appointed by the Governor. 
This Board has exclusive control of the property of 
the Society, and appoints a librarian for such pur¬ 
pose. In many of the older states, the museum of 
their State Historical Society is one of the most 
valuable and interesting collections of relics any¬ 
where to be found. Idaho citizens should in these 
early days of our history, take such an interest in 
the work of our own Historical Society, that we may 
preserve for later generations everything possible 
which is illustrative of our early history and develop¬ 
ment. 


The State Militia.—All able-bodied men in the State 
of Idaho between the ages of 18 and 45 years are 
subject to military duty, or belong to the State mili¬ 
tia. The militia of the State is divided into two 
classes: active and reserve. The active militia con¬ 
sists of the armed and uniformed military forces of 
the State, known as the National Guard of Idaho. 


OG—7 


98 


CIVIL GOVERNMENT OF IDAHO 


The reserve militia is all other men liable to military 
duty. The Governor is the commander-in-chief of 
the military forces of the State. The Legislature 
has passed a complete set of rules and regulations 
for the organization, control, and management of the 
National Guard of Idaho, which consists of com¬ 
panies organized in several cities of the State. 
These are volunteer companies, and receive no pay 
except when on duty. 

Taxation.—Why are we taxed? Need we ask that 
question? In the opening chapter it was stated that 
the purpose of government is to guarantee to us our 
rights. We have seen how many officers seem to be 
necessary to carry on the work of our government, 
and also what work we have seen fit to have our gov¬ 
ernment control, including the public school system, 
the building of roads and bridges, and the care and 
keeping of criminals and the various classes of un¬ 
fortunates. All of this work and all of these officers 
require money, and we obtain this money through 
taxation. 

For the purpose of maintaining the United States 
government, practically all the money raised is from 
indirect taxation, chiefly import duties and excise 
taxes. On the other hand, nearly all of the revenue 
for the support of the State, county, city, and school 
district government is derived from a direct tax. 
This direct tax is of two kinds: a tax on individuals, 
called a poll tax, levied upon every able-bodied male 
citizen in the State between the ages of 21 and 50, 
and to be used for the building and repair of roads; 
and a tax on property, both real and personal. It is 
a simple process to receive a tax notice and go pay 


MISCELLANEOUS 


99 


one’s taxes, but every good citizen should know by 
what steps and in what way his amount of tax has 
been determined. 

All property taxes are levied upon 40% of the 
actual cash value of the property. “The terms 
‘value’, ‘fair cash value’, and ‘full cash value’ mean 
the value of the property in the market in the ordi¬ 
nary course of trade. The term ‘assessed value’ 
means the percentage of the ‘full cash value’ at which 
the property is to be assessed as provided by law; 
and the term ‘valuation’ means the ‘assessed value’.” 
(Session Laws, 1912.) 

The county assessor assesses, or places a full cash 
value upon, all property in the county for the pur¬ 
pose of taxation. The county commissioners, at the 
July meeting, acting as a board of equalization, go 
over the assessment rolls of the county assessor and 
raise or lower any assessment they think advisable. 
Any person who thinks his assessment too high may 
put in his complaint to the county board of equaliz¬ 
ation. Then the county auditor makes an abstract of 
the assessments made and equalized, and sends such 
abstract to the State Auditor on or before the first 
Monday in August. The State Board of Equalization, 
consisting of the Governor, the Secretary of State, 
the Attorney General, the State Auditor, and the 
State Treasurer, meets on the second Monday in 
August, and taking the abstracts of assessments from 
the various counties, proceeds to equalize the same, 
raising or lowering within prescribed limits the as¬ 
sessments in any county as such change may be nec¬ 
essary. The State Board then assesses the railroad, 
telegraph and telephone companies, and apportions 


100 


CIVIL GOVERNMENT OF IDAHO 


such valuation among the counties according to the 
number of miles of such lines in each county. With 
the total valuation of property in each county thus 
determined, the State Board then apportions to each 
county its share of the tax it must raise for the sup¬ 
port of the State government. The report of the 
equalized valuations and the apportionment of State 
tax is sent to each county auditor. Then the county 
commissioners meet again and estimate the amount 
of revenue needed for county purposes and add to it 
the amount required for State purposes. By divid¬ 
ing this total amount of revenue required by the as¬ 
sessed valuation, or 40% of the total cash value, of 
the county, the quotient is obtained, which is the 
“rate” of levy for State and county purposes. 

The council of a city, or village, determines the 
“rate” of levy for their government by dividing the 
required revenue by the assessed value of the 
property of their city, or village, as determined from 
the assessor’s roll, and reports this levy to the county 
commissioners. The annual meeting in a common 
school district votes upon the “rate” of special tax 
in that district. The board of trustees of an inde¬ 
pendent or rural high school district determines the 
“rate” of special tax needed by dividing the required 
revenue by the assessed value of the district. All 
these special levies must be reported to the board of 
county commissioners. 

The county auditor then figures the amount of tax 
to be paid by each tax-payer, and carries it out upon 
the assessment rolls. To illustrate let us suppose: 
The total cash value of A’s property is $5,000. Forty 
per cent of this, or the amount upon which the tax 


MISCELLANEOUS 


101 


is estimated, is $2,000. The rate for state and 
county tax is 22 mills; the rate of levy in the city in 
which A’s property is located is 12 mills; and of his 
school district, 8 mills. 

$2,000X.022=$44 State and county tax, 

$2,000X.012= 24 City tax, 

$2,000X.008= 16 School district tax. 

$2,000X.042=$84 Total tax on A’s property. 

Many taxpayers, of course, do not live in a city, or 
in a school district which always levies a special tax. 
But if they own property in an irrigated district, 
they are subject to a special tax, known as a water- 
master’s tax, and levied upon irrigated lands. A tax 
amounting to % mill on the dollar is levied against 
all live stock, collected as other taxes and forwarded 
to the State Treasurer, to be used as a Predatory 
Animal fund. The delinquent poll tax may also be 
added. After the assessment book is sent back to 
the tax collector, he sends out notices to all tax¬ 
payers, and receives the tax from them, giving the 
regular receipt therefor. All taxes amounting to 
more than $20 may be paid in two equal installments 
before the first Monday in January and the first 
Monday in July. All smaller amounts must be paid 
before the first Monday in January. If taxes due are 
not paid by the first Monday in January, then the 
whole amount becomes delinquent and a penalty of 
ten per cent and other costs is added. If the second 
installment is not paid by the first Monday in July 
then that amount becomes delinquent and the same 
penalty is added. If any taxes then remain unpaid 
by the fourth Monday of August, the property is 
sold at sheriff’s sale to pay the taxes. The owner 


102 


CIVIL GOVERNMENT OF IDAHO 


may redeem property so sold any time within three 
years by the payment of taxes, penalties, costs, and 
interest at eighteen per cent. 

Property Exempt From Taxation.—Following are the 
prncipal classes of property which the Legislature 
has declared exempt from taxation: 

1. All property belonging to the United States, 
the State, a county, a municipal corporation, or a 
school district. 

2. Property belonging to churches, hospitals, 
public libraries, Y. M. C. A/s, Masons, Odd Fellows, 
or any other charitable, fraternal or benevolent as¬ 
sociation, unless such property is used as a source of 
income. 

3. Property of resident widows, orphans, and 
Union Veterans of the Civil War, not to exceed 
$1,000 in assessed valuation to any one family, when 
the actual cash value is less than $5,000. 

4. Growing crops, orchards less than four, and 
vineyards less than three years old. 

5. Private libraries, surgical and scientific in¬ 
struments belonging to professional men, tools of 
farmers, mechanics, etc., and household goods, each 
to the amount of $400. 

6. Irrigation canals and ditches, unless the water 
from them is sold. 

7. Improvements on land to the extent of $200 
when the assessed value of such improvements is 
less than $1,000. 

Local Option.—The Legislature of 1909 passed what 
is called a Local Option law. This law enables any 


MISCELLANEOUS 


103 


county, upon petition of at least forty per cent of 
the qualified voters of the county, to vote upon the 
question of permitting or prohibiting in that county 
the sale of intoxicating liquors. The county commis¬ 
sioners receive this petition and call the election. 
Under this law, about half of the counties of the 
State have voted “dry”, and about half have voted 
“wet”. 

Initiative, Referendum and Recall.—There has been a 
marked tendency in recent years, especially in the 
West, to give the people a more direct voice in the 
government. Many deprecate this departure from 
pure representative government, while many others 
are just as certain that in such measures as the Di¬ 
rect Primary, the Intiative, the Referendum, and the 
Recall, lies the method of solution of all problems of 
government. In the Direct Primary we have seen 
how the voters of Idaho nominate their party candi¬ 
dates by direct election, and express their choice for 
United States Senators, and bind their legislators to 
vote for their choice. The law authorizing the Com¬ 
mission Form of Government in the cities of Idaho, 
provides for the Initiative, Referendum and Recall in 
such cities as adopt the said form. In 1912 the peo¬ 
ple of Idaho will vote upon amendments to the State 
Constitution authorizing the Legislature to pass laws 
providing for the Initiative, Referendum and Recall 
in our State government. 

The Initiative means the power of initiating or 
originating laws. It is usually exercised in the 
following manner: If a certain per cent of the voters 
of the State or city petition for the passage of a 
certain bill or ordinance which is appended to the 


104 


CIVIL GOVERNMENT OF IDAHO 


petition, the Legislature or council must pass such 
bill or submit it to a vote of the people at a regular 
or special election. If a majority then vote for it, 
it becomes a law the same as if it had been passed 
by the legislative body. 

The Referendum means the submitting of bills 
to the people for their approval before they become 
laws. Proposed laws or ordinances may be submitted 
to the people upon motion of the legislative body it¬ 
self, or must be submitted to a vote of the people 
upon a petition signed by a certain per cent of the 
voters asking for such submission. 

The Recall is the right to vote an officer out of 
office before his term expires. Upon petition of a 
certain per cent of the voters, an election must be 
called to permit the people to vote upon the question 
of the removal of the officer. 

Such principles and methods 01 government are 
comparatively new. Only time will prove their value. 

Relations With the United States Government.—We 
have seen that there must be nothing in the State 
Constitution or laws contrary to the United States 
Constitution, the United States laws made in pursu¬ 
ance thereof, and the treaties made by the United 
States government, which are the “supreme law of 
the land”. The United States guarantees to every 
state a republican form of government, and to pro¬ 
tect them against invasion or domestic violence. Each 
state takes a certain part in the government of the 
United States. All elections for choosing electors of 
President and Vice President and Congressmen are 
conducted by the State and at the expense of the 


MISCELLANEOUS 


105 


State on the Tuesday after the first Monday in De¬ 
cember. United States Senators are chosen by the 
legislatures of the states in a manner prescribed by 
Congress. The State militia may be called into the 
active service of the United States, and in such case 
the President is the Commander-in-chief. 

United States Representatives and Senators.—Repre¬ 
sentatives in Congress are apportioned according to 
the population determined at the census taken every 
ten years. By the census of 1910 and the Congres¬ 
sional apportionment of 1911, Idaho is entitled to 
two Representatives in Congress. It will be the duty 
of the Legislature of 1913 to divide the State into 
two Congressional districts, each to choose one Con¬ 
gressman. Until such action is taken by our Legis¬ 
lature, both Congressmen will be chosen “at large”. 
United States Senators are chosen by the Legislature. 
In Idaho, an election for one Senator will take place 
in 1913, and for the other in 1915, for terms of six 
years. 

SUGGESTIVE QUESTIONS. 

1. What was the last rate of tax levy for state and county 

purposes in your county? 

2. What was the total rate of tax paid by the taxpayers in 

your school district for all purposes? 

3. If the assessed valuation of your father’s property was 

$1,800, what was the amount of his tax? 

4. Ask your father to see his last tax receipt. Examine it 

carefully. 

5. Discuss the Initiative, Referendum and Recall. 



APPENDIX 

CONSTITUTION OF THE STATE OF IDAHO 

(As published by Wilfred L. Gifford, Secretary of State, 1911, 
except that amendments now in force are printed in the body of 
the Constitution in place of the sections amended.) 

PREAMBLE. 

We, the people of the State of Idaho, grateful to Almighty 
God for our freedom, to secure its blessings and promote our com¬ 
mon welfare do establish this constitution. 

ARTICLE I. 

Declaration of Rights. 

Section 1. All men are by nature free and equal, and have 
certain inalienable rights, among which are enjoying and defend¬ 
ing life and liberty; acquiring, possessing and protecting property; 
pursuing happiness and securing safety. 

Sec. 2. All political power is inherent in the people. Govern¬ 
ment is instituted for their equal protection and benefit, and they 
have the right to alter, reform or abolish the same, whenever they 
may deem it necessary; and no special privileges or immunities 
shall ever be granted, that may not be altered, revoked or repealed, 
by the Legislature. 

Sec. 3. The State of Idaho is an inseparable part of the 
American Union, and the Constitution of the United States is the 
supreme law of the land. 

Sec. 4. The exercise and enjoyment of religious faith and 
worship shall forever be guaranteed; and no person shall be denied 
any civil or political right, privilege or capacity, on account of his 
religious opinions; but the liberty of conscience hereby secured 
shall not be construed to dispense with oaths or affirmations, or 
excuse acts of licentiousness or justify polygamous or other per¬ 
nicious practices, inconsistent with morality or the peace or safety 
of the state; nor to permit any person, organization or association 
to directly or indirectly aid or abet, counsel or advise any person 
to commit the crime of bigamy or polygamy, or any other crime. 
No person shall be required to attend or support any ministry or 
place of worship, religious sect or denomination or pay tithes 
against his consent; nor shall any preference be given by law to 
any religious denomination or mode of worship. Bigamy and 
polygamy are forever prohibited in the state, and the legislature 
shall provide by law for the punishment of such crimes. 

Sec. 5. The privilege of the writ of habeas corpus shall not be 
suspended, unless in case of rebellion or invasion, the public safety 


108 


APPENDIX 


requires it, and then only in such manner as shall be prescribed 
by law. 

Sec. 6. All persons shall be bailable by sufficient sureties, ex¬ 
cept for capital offences, where the proof is evident or the pre¬ 
sumption great. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Sec. 7. The right of trial by jury shall remain inviolate; but in 
civil actions, three-fourths of the jury may render a verdict, and 
the legislature may provide that in all cases of misdemeanors 
five-sixths of the jury may render a verdict. A trial by jury may 
be waived in all criminal cases not amounting to felony by the 
consent of both parties, expressed in open court; and in civil 
actions by the consent of the parties, signified in such manner as 
may be prescribed by law. In civil actions and cases of misde¬ 
meanor the jury may consist of twelve or of any number less than 
twelve, upon which the parties may agree in open court. 

Sec. 8. No person shall be held to answer for any felony or 
criminal offence of any grade, unless on presentment or indict¬ 
ment of a grand jury, or on information of the public prosecutor, 
after a commitment by a magistrate, except in cases of impeach¬ 
ment, in cases cognizable by probate courts or by justices of the 
peace, and in cases arising in the militia when in actual service in 
time of war or public danger; Provided, That a grand jury may 
be summoned upon the order of the district court in the manner 
provided by law, and Provided further, That after a charge has 
been ignored by a grand jury, no person shall be held to answer, 
or for trial therefor, upon information of the public prosecutor. 

Sec. 9. Every person may freely speak, write and publish, on 
all subjects, being responsible for the abuse of that liberty. 

Sec. 10. The people shall have the right to assemble in a peace¬ 
able manner, to consult for their common good; to instruct their 
representatives, and to petition the Legislature for the redress of 
grievances. 

Sec. 11. The people have the right to bear arms for their se¬ 
curity and defence; but the legislature shall regulate the exercise 
of this right by law. 

Sec. 12. The military shall be subordinate to the civil power, 
and no soldier in time of peace shall be quartered in any house 
without the consent of its owner, nor in time of war, except in the 
manner prescribed by law. 

Sec. 13. In all criminal prosecutions, the party accused shall 
have the right to a speedy and public trial; to have the process 
of the court to compel the attendance of witnesses in his behalf, 
and to appear and defend in person and with counsel. 

No person shall be put twice in jeopardy for the same offense; 
nor be compelled in any criminal case to be a witness against him¬ 
self; nor be deprived of life, liberty or property without due 
process of law. 

Sec. 14. The necessary use of lands for the construction of 
reservoirs, or storage basins, for the purpose of irrigation, or for 


CONSTITUTION OF IDAHO 


109 


rights-of-way for the construction of canals, ditches, flumes or 
pipes, to convey water to the place of use for any useful, bene¬ 
ficial or necessary purpose, or for drainage; or for the drainage 
of mines, or the working thereof, by means of roads, railroads, 
tramways, cuts, tunnels, shafts, hoisting works, dumps or other 
necessary means to their complete development, or any other use 
necessary to the complete development of the material resources 
of the state, or the preservation of the nealth of its inhabitants, 
is hereby declared to be a public use, and subject to the regulation 
and control of the State. 

Private property may be taken for public use, but not until a 
just compensation, to be ascertained in the manner prescribed by 
law, shall be paid therefor. 

Sec. 15. There shall be no imprisonment for debt in this state, 
except in cases of fraud. 

Sec. 16. No bill of attainder, ex post facto law, or law impair¬ 
ing the obligation of contracts shall ever be passed. 

Sec. 17. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrant shall issue without 
probable cause shown, by affidavit, particularly describing the 
place to be searched and the person or thing to be seized. 

Sec. 18. Courts of justice shall be open to every person, and a 
speedy remedy afforded for every injury of person, property or 
character, and right and justice shall be administered without 
sale, denial, delay or prejudice. 

Sec. 19. No power, civil or military, shall at any time interfere 
with or prevent the free and lawful exercise of the right of 
suffrage. 

Sec. 20. No property qualification shall ever be required for any 
person to vote or hold office, except in school elections or elections 
creating indebtedness. 

Sec. 21. This enumeration of right shall not be construed to 
impair or deny other rights retained by the people. 

ARTICLE II. 

Distribution of Powers. 

Section 1. The powers of the government of this state are 
divided into three distinct departments: the legislative, executive, 
and judicial, and no person, or collection of persons, charged with 
the exercise of powers properly belonging to one of these depart¬ 
ments shall exercise any powers properly belonging to either of the 
others, except as in this constitution expressly directed or per¬ 
mitted. 


ARTICLE III. 

Legislative Department. 

Section 1. The legislative power of the state, shall be vested in 
a senate and house of representatives. The enacting clause of 


no 


APPENDIX 


every bill shall be as follows: “Be it enacted by the Legislature 
of the State of Idaho.” 

Sec. 2. The senate shall consist of eighteen members, and the 
house of representatives of thirty-six members. The legislature 
may increase the number of senators and representatives, Provided, 
The number of senators shall never exceed twenty-four, and the 
house of representatives shall never exceed sixty members. The 
senators and representatives shall be chosen by the electors of 
the respective counties, or districts into which the state may from 
time to time be divided by law. 

Sec. 3. The senators and representatives shall be elected for 
the term of two years, from and after the first day of December 
next following the general election. 

Sec. 4. The members of the first legislature shall be apportioned 
to the several legislative districts of the state in proportion to 
the number of votes polled at the last general election for delegate 
to congress, and thereafter to be apportioned as may be provided 
by law: Provided, Each county shall be entitled to one repre¬ 
sentative. 

Sec. 5. A senatorial or representative district, when more 
than one county shall constitute the same, shall be composed of 
contiguous counties, and no county shall be divided in creating 
such districts. 

Sec. 6. No person shall be a senator or representative who, at 
the time of his election is not a citizen of the United States, and 
an elector of this state, nor anyone who has not been for one 
year next preceding his election an elector of the county or dis¬ 
trict whence he may be chosen. 

Sec. 7. Senators and representatives in all cases, except for 
treason, felony, or breach of the peace, shall be privileged from 
arrest during the session of the legislature, and in going to and 
returning from the same, and shall not be liable to any civil 
process during the session of the legislature, nor during the ten 
days next before the commencement thereof; nor shall a member, 
for words uttered in debate in either house, be questioned in any 
other place. 

Sec. 8. The sessions of the legislature shall, after the first 

session thereof, be held biennially at the capital of the state, 
commencing on the first Monday after the first day of January 
and every second year thereafter, unless a different day shall 

have been appointed by law, and at other times when convened 

by the governor. 

Sec. 9. Each house when assembled, shall choose its own 

officers; judge of the election, qualifications and returns of its own 
members, determine its own rules of proceeding, and sit upon its 
own adjournments; but neither house shall, without the concur¬ 
rence of the other, adjourn for more than three days, nor to any 
other place than that in which it may be sitting. 

Sec. 10. A majority of each house shall constitute a quorum 
to do business; but a smaller number may adjourn from day to 


CONSTITUTION OF IDAHO 


111 


day, and may compel the attendance of absent members, in such 
manner and under such penalties as such house may provide. 

A quorum being in attendance, if either house fail to effect an 
organization within the first four days thereafter, the members 
of the house so failing shall be entitled to no compensation from 
the end of the said four days until an organization shall have been 
effected. 

Sec. 11. Each house may, for good cause shown, with the 
concurrence of two-thirds of all the members, expel a member. 

Sec. 12. The business of each house, and of the committee of 
the whole shall be transacted openly and not in secret session. 

Sec. 13. Each house shall keep a journal of its proceedings; 
and the yeas and nays of the members of either house on any 
question shall at the request of any three members present, be 
entered on the journal. 

Sec. 14. Bills may originate in either house, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the house of representatives. 

Sec. 15. No law shall % be passed except by bill, nor shall any 
bill be put upon its final passage until the same, with the amend¬ 
ments thereto, shall have been printed for the use of the members; 
nor shall any bill become a law unless the same shall have been 
read on three several days, in each house, previous to the final 
vote thereon. 

Provided, In case of urgency, two-thirds of the house where 
such bill may be pending, may, upon a vote of the yeas and nays, 
dispense with this provision. On the final passage of all bills, 
they shall be read at length, section by section, and the vote shall 
be by yeas and nays upon each bill separately, and shall be entered 
upon the journal; and no bill shall become a law without the con¬ 
currence of a majority of the members present. 

Sec. 16. Every act shall embrace but one subject, and matters 
properly connected therewith, which subject shall be expressed in 
the title; but if any subject shall be embraced in an act which 
shall not be expressed in the title, such act shall be void only as 
to so much thereof as shall not be embraced in the title. 

Sec. 17. Every act or joint resolution shall be plainly worded, 
avoiding as far as practicable the use of technical terms. 

Sec. 18. No act shall be revised or amended by mere reference 
to its title, but the section as amended, shall be set forth and 
published at full length. 

Sec. 19. The Legislature shall not pass local or special laws in 
any of the following enumerated cases, that is to say: 

Regulating the jurisdiction and duties of justices of the peace 
and constables. 

For the punishment of crimes and misdemeanors. 

Regulating the practice of the courts of justice. 

Providing for a change of venue in civil or criminal actions. 

Granting divorces. 

Changing the names of persons or places. 


112 


APPENDIX 


Authorizing the laying out, opening, altering, maintaining, 
working on, or vacating, roads, highways, streets, alleys, town 
plats, parks, cemeteries, or any public grounds not owned by the 
state. 

Summoning and impanneling grand and trial juries, and pro¬ 
viding for their compensation. 

Regulating county and township business, or the election of 
county and township officers. 

For the assessment and collection of taxes. 

Providing for and conducting elections, or designating the place 
of voting. 

Affecting the estates of deceased persons, minors or other 
persons under legal disabilities. 

Extending the time for collection of taxes. 

Giving effect to invalid deeds, leases or other instruments. 

Refunding money paid into the state treasury. 

Releasing or extinguishing, in whole or in part, the indebted¬ 
ness, liability or obligation of any person or corporation in this 
state, or any municipal corporation therein. 

Declaring any person of age, or authorizing any minor to sell, 
lease or incumber his or her property. 

Legalizing, as against the state, the unauthorized or invalid 
act of any officer. 

Exempting property from taxation. 

Changing county seats, unless the law authorizing the change, 
shall require that two-thirds of the legal votes cast at a general 
or special election, shall designate the place to which the county 
seat shall be changed; Provided, That the power to pass a special 
law shall cease, as long as the legislature shall provide for such 
change by general law; Provided further, That no special law 
shall be passed for any one county oftener than once in six years. 

Restoring to citizenship persons convicted of infamous crimes. 

Regulating the interest on money. 

Authorizing the creation, extension or impairing of liens. 

Chartering or licensing ferries, bridges or roads. 

Remitting fines, penalties or forfeitures. 

Providing for the management of common schools. 

Creating offices or prescribing the powers and duties of officers 
in counties, cities, townships, election districts or school districts, 
except as in this constitution otherwise provided. 

Changing the law of descent or succession. 

Authorizing the adoption or legitimization of children. 

For limitation of civil or criminal actions. 

Creating any corporation. 

Creating, increasing or decreasing fees, percentages or allow¬ 
ances of public officers during the term for which said officers are 
elected or appointed. 

Sec. 20. The legislature shall not authorize any lottery or gift 
enterprise, under any pretense or for any purpose whatever. 


CONSTITUTION OF IDAHO 


113 


Sec. 21. All bills or joint resolutions passed shall be signed by 
the presiding officers of the respective houses. 

Sec. 22. No act shall take effect until sixty days from the 
end of the session at which the same shall have been passed, 
except in case of emergency, which emergency shall be declared 
in the preamble or in the body of the law. 

Slec. 23. Each member of the legislature shall receive for his 
services, a sum not exceeding five dollars per day, from the com¬ 
mencement of the session; but such pay shall not exceed for each 
member, except the presiding officers, in the aggregate, three 
hundred dollars for per diem allowances for any one session; and 
shall receive each the sum of ten cents per mile each way, by the 
usual traveled route. 

When convened in extra session by the governor, they shall 
each receive five dollars per day; but no extra session shall con¬ 
tinue for a longer period than twenty days, except in case of the 
first session of the legislature. They shall receive such mileage 
as is allowed for regular sessions. 

The presiding officers of the legislature shall each, in virtue 
of his office, receive an additional compensation equal to one-half 
his per diem allowance as a member; Provided, That whenever 
any member of the legislature shall travel on a free pass in com¬ 
ing to or returning from a session of the legislature, the number 
of miles actually traveled on such pass shall be deducted from the 
mileage of such member. 

Sec. 24. The first concern of all good government is the virtue 
and sobriety of the people, and the purity of the home. The legis¬ 
lature should further all wise and well directed efforts for the 
promotion of temperance and morality. 

Sec. 25. The members of the legislature shall, before they 
enter upon the duties of their respective offices, take or subscribe 
the following oath or affirmation: “I do solemnly swear, (or 
affirm, as the case may be) that I will support the constitution 
of the United States and the constitution of the state of Idaho, 
and that I will faithfully discharge the duties of senator (or rep¬ 
resentative, as the case may be) according to the best of my 
ability.” And such oath may be administered by the governor, 
secretary of state, or judge of the supreme court or presiding 
officer of either house. 


ARTICLE IV. 

Executive Department. 

Section 1. The executive department shall consist of a gov¬ 
ernor, lieutenant-governor, secretary of state, state auditor, state 
treasurer, attorney general, and superintendent of public instruc¬ 
tion, each of whom shall hold his office for two years, beginning 
on the first Monday in January next after his election, except as 
otherwise provided in this constitution. The officers of the execu¬ 
tive department, excepting the lieutenant-governor, shall, during 


OG-8 


114 


APPENDIX 


their terms of office, reside at the seat of government, where they 
shall keep the public records, books and papers. They shall per¬ 
form such duties as are prescribed by this constitution and as 
may be prescribed by law. 

Sec. 2. The officers named in section one of this article shall 
be elected by the qualified electors of the state at the time and 
places of voting for members of the legislature, and the persons, 
respectively, having the highest number of votes for the office 
voted for shall be elected; but if two or more shall have an equal 
and the highest number of votes for any one of said offices, the 
two houses of the legislature at its next regular session, shall 
forthwith, by joint ballot, elect one of such persons for said office. 
The returns of election for the officers named in section one shall 
be made in such manner as may be prescribed by law, and all 
contested elections of the same, other than provided for in this 
election, shall be determined as may be prescribed by law. 

Sec. 3. No person shall be eligible to the office of governor or 
lieutenant-governor, unless he shall have attained the age of 
thirty years at the time of his election; nor to the office of secre¬ 
tary of state, state auditor, superintendent of public instruction, 
or state treasurer, unless he shall have attained the age of 
twenty-five years; nor to the office of attorney general unless he 
shall have attained the age of thirty years, and have been ad¬ 
mitted to practice in the supreme court of the state or territory of 
Idaho, and be in good standing at the time of his election. In 
addition to the qualifications above described, each of the officers 
named shall be a citizen of the United States and shall have 
resided within the state or territory two years next preceding his 
election. 

Sec. 4. The governor shall be commander-in-chief of the mili¬ 
tary forces of the state, except when they shall be called into 
actual service of the United States. He shall have power to call 
out the militia to execute the laws, to suppress insurrection, or to 
repel invasion. 

Sec. 5. The supreme executive power of the state is vested in 
the governor, who shall see that the laws are faithfully executed. 

Sec. 6. The governor shall nominate and, by and with the con¬ 
sent of the senate, appoint all officers whose offices are established 
by this constitution, or which may be created by law, and whose 
appointment or election is not otherwise provided for. If during 
the recess of the senate, a vacancy occurs in any state or district 
office, the governor shall appoint some fit person to discharge 
the duties thereof until the next meeting of the senate, when he 
shall nominate some person to fill such office. If the office of a 
justice of the supreme or district court, secretary of state, state 
auditor, state treasurer, attorney general, or superintendent of 
public instruction, shall be vacated by death, resignation or other¬ 
wise, it shall be the duty of the governor to fill the same by 
appointment, and the appointee shall hold his office until his sue- 


CONSTITUTION OF IDAHO 


115 


cessor shall be elected and qualified in such manner as may be 
provided by law. 

Sec. 7. The governor, secretary of state, and attorney general 
shall constitute a board to be known as the board of pardons. 
Said board or a majority thereof, shall have the power to remit 
fines and forfeitures, and to grant commutations and pardons after 
conviction and judgment, either absolutely or upon such conditions 
as they may impose in all cases of offenses against the state 
except treason or conviction on impeachment. The legislature 
shall by law prescribe the sessions of said board and the manner 
in which application shall be made and regulate the proceedings 
thereon; but no fine or forfeiture shall be remitted, and no com¬ 
mutation or pardon granted, except by the decision of a majority 
of said board, after a full hearing in open session, and until 
previous notice of the time and place of such hearing and the 
release applied for shall have been given by publication in some 
newspaper of general circulation, at least once a week for four 
weeks. The proceedings and decision of the board shall be reduced 
to writing and with their reasons for their action in each case, 
and the dissent of any member who may disagree, signed by him, 
and filed, with all papers used upon the hearing, in the office of 
the secretary of state. 

The governor shall have power to grant respites or reprieves 
in all cases of convictions for offenses against the state, except 
treason or conviction on impeachment, but such respites or re¬ 
prieves shall not extend beyond the next session of the board of 
pardons; and such board shall at such session continue or de¬ 
termine such respite or reprieve, or they may commute or pardon 
the offense, as herein provided. In cases of conviction for treason, 
the governor shall have the power to suspend the execution of the 
sentence until the case shall be reported to the legislature at its 
next regular session, when the legislature shall either pardon or 
commute the sentence, direct its execution, or grant a further 
reprieve. He shall communicate to the legislature, at each regular 
session, each case of remission of fine or forfeiture, reprieve, 
commutation, or pardon granted since the last previous report, 
stating the name of the convict, the crime of which he was con¬ 
victed, the sentence and its date, and the date of remission, com¬ 
mutation, pardon, or reprieve, with the reasons for granting the 
same, and the objections, if any, of any member of the board 
made thereto. 

Sec. 8. The governor may require information in writing from 
the officers of the executive department upon any subject relating 
to the duties of their respective offices, which information shall 
be given upon oath whenever so required; he may also require 
information in writing at any time under oath, from all officers 
and managers of state institutions, upon any subject relating to 
the condition, management and expenses of their respective offices 
and institutions, and may, at any time he deems it necessary, 
appoint a committee to investigate and report to him upon the 


116 


APPENDIX 


condition of any executive office or state institution. The governor 
shall, at the commencement of each session, and from time to time, 
by message, give to the legislature, information of the condition 
of the state, and shall recommend such measures as he shall deem 
expedient. He shall also send to the legislature a statement, with 
vouchers, of the expenditures of all moneys belonging to the state 
and paid out by him. He shall also, at the commencement of each 
session, present estimates of the amount of money required to be 
raised by taxtion for all purposes of the state. 

Sec. 9. The governor may, on extraordinary occasions, convene 
the legislature by proclamation, stating the purposes for which he 
has convened it; but when so convened, it shall have no power to 
legislate on any subjects other than those specified in the procla¬ 
mation; but may provide for the expenses of the session and other 
matters incidental thereto. He may also by proclamation, convene 
the senate in extraordinary session for the transaction of execu¬ 
tive business. 

Sec. 10. Every bill passed by the legislature, shall, before it 
becomes a law, be presented to the governor. If he approves, he 
shall sign it, and thereupon it shall become a law; but if he do not 
approve, he shall return it with his objections, to the house in 
which it originated, which house shall enter the objections at 
large upon its journals and proceed to reconsider the bill. If then 
two-thirds of the members present agree to pass the same, it shall 
be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered; and if approved by two-thirds of 
the members present in that house, it shall become a law, notwith¬ 
standing the objections of the governor. In all such cases the vote 
of each house shall be determined by yeas and nays, to be entered 
on the journal. 

Any bill which shall not be returned by the governor to the 
legislature within five days (Sundays excepted) after it shall have 
been presented to him, shall become a law in like manner as if he 
had signed it, unless the legislature shall, by adjournment, prevent 
its return, in which case it shall be filed, with his objections, in 
the office of the secretary of state within ten days after such 
adjournment (Sundays excepted) or become a law. 

Sec. 11. The governor shall have power to disapprove of any 
item or items of any bill making appropriations of money, em¬ 
bracing distinct items, and the part or parts approved shall be¬ 
come a law; and the item or items disapproved shall be void, un¬ 
less enacted in the manner following: If the legislature be in 
session, he shall within five days, transmit to the house within 
which the bill originated, a copy of the item or items thereof dis¬ 
approved, together with his objections thereto, and the items 
objected to shall be separately reconsidered, and each item shall 
then take the same course as is prescribed for the passage of 
bills over the executive veto. 

Sec. 12. In case of the failure to qualify, the impeachment, or 
conviction of treason, felony, or other infamous crime, of the 


CONSTITUTION OF IDAHO 


117 


governor, or his death, removal from office, resignation, absence 
from the state, or inability to discharge the powers and duties 
of his office, the powers, duties and emoluments of the office for 
the residue of the term, or until the disability shall cease, shall 
devolve upon the lieutenant-governor. 

Sec. 13. The lieutenant-governor shall be president of the sen¬ 
ate, but shall vote only when the senate is equally divided. In 
case of the absence or disqualification of the lieutenant-governor 
from any cause which applies to the governor, or when he shall 
hold the office of governor, then the president pro tempore of the 
senate shall perform the duties of the lieutenant-governor until the 
vacancy is filled or the disability removed. 

Sec. 14. In case of the failure to qualify in his office, death, 
resignation, absence from the state, impeachment, conviction of 
treason, felony or other infamous crime, or disqualification from 
any cause, of both governor and lieutenant-governor, the duties 
of the governor shall devolve upon the president of the senate 
pro tempore, until such disqualification of either the governor or 
lieutenant-governor be removed, or the vacancy filled; and if the 
president of the senate, for any of the above named causes, shall 
become incapable of performing the duties of governor, the same 
shall devolve upon the speaker of the house. 

Sec. 15. There shall be a seal of this state, which shall be kept 
by the secretary of state and used by him officially, and shall be 
called, “The great seal of the state of Idaho.’’ The seal of the 
territory of Idaho as now used shall be the seal of the state until 
otherwise provided by law. 

Sec. 16. All grants and permissions shall be in the name and by 
the authority of the state of Idaho, sealed with the great seal of 
the state, signed by the governor, and countersigned by the secre¬ 
tary of state. 

Sec. 17. An account shall be kept by the officers of the execu¬ 
tive department and of all public institutions of the state of all 
moneys received by them severally, from all sources, and for 
every service performed, and of all moneys disbursed by them 
severally, and a semi-annual report thereof shall be made to the 
governor, under oath; they shall also, at least twenty days preced¬ 
ing each regular session of the legislature, make full and com¬ 
plete reports of their official transactions to the governor, who 
shall transmit the same to the legislature. 

Sec. 18. The governor, secretary of state, and attorney general 
shall constitute a board of state prison commissioners, which 
board shall have such supervision of all matters connected with 
the state prison as may be prescribed by law. They shall also 
constitute a board of examiners, with power to examine all claims 
against the state, except salaries or compensation of officers fixed 
by law, and perform such other duties as may be prescribed by 
law. And no claim against the state, except salaries and com¬ 
pensation of officers fixed by law, shall be passed upon by the leg- 


118 


APPENDIX 


islature without first having been considered and acted upon by 
said board. 

Sec. 19. The governor, secretary of state, state auditor, state 
treasurer, attorney general and superintendent of public instruc¬ 
tion, shall, quarterly as due, during their continuance in office, 
receive for their services compensation, which, for the term next 
ensuing after the adoption of this constitution, is fixed as follows: 
Governor, three thousand dollars per annum; secretary of state, 
one thousand eight hundred dollars per annum; state auditor, one 
thousand eight hundred dollars per annum; state treasurer, one 
thousand dollars per annum; attorney general two thousand dol¬ 
lars per annum; and superintendent of public instruction, one thou¬ 
sand five hundred dollars per annum. The lieutenant-governor 
shall receive the same per diem as may be provided by law for the 
speaker of the house of representatives, to be allowed only during 
the sessions of the legislature. The compensations enumerated 
shall be in full for all services by said officers respectively, ren¬ 
dered in any official capacity or employment whatever during their 
respective terms of office. 

No officer named in this section shall receive, for the perform¬ 
ance of any official duty, any fee for his own use; but all fees 
fixed by law for the performance by either of them, of any official 
duty, shall be collected in advance, and deposited with the state 
treasurer quarterly to the credit of the state. The legislature may 
by law, diminish or increase the compensation of any or all of 
the officers named in this section, but no such diminution or in¬ 
crease, shall effect the salaries of the officers then in office during 
their term; Provided, however, The legislature may provide for 
the payment of actual and necessary expenses to the governor, 
lieutenant-governor, secretary of state, attorney general, and 
superintendent of public instruction, while traveling within the 
state in the performance of official duty. 

ARTICLE V. 

Judicial Department. 

Section 1. The distinctions between actions at law and suits 
in equity, and the forms of all such actions and suits, are hereby 
prohibited; and there shall be in this state but one form of action 
for the enforcement or protection of private rights, or the redress 
of private wrongs; which shall be denominated a civil action; and 
every action prosecuted by the people of the state as a party, 
against a person charged with a public offense for the punishment 
of the same, shall be termed a criminal action. 

Feigned issues are prohibited, and the fact at issue shall be 
tried by order of court before a jury. 

Sec. 2. The judicial power of the state shall be vested in a 
court for the trial of impeachments, a supreme court, district 
courts, probate courts, courts of justices of the peace, and such 
other courts, inferior to the supreme court, as may be established 
by law, for any incorporated city or town. 


CONSTITUTION OF IDAHO 


119 


Sec. 3. The court for the trial of impeachments shall be the 
senate. A majority of the members elected shall be necessary to 
a quorum, and the judgment shall not extend beyond removal 
from, and disqualification to hold office in this state; but the party 
shall be liable to indictment and punishment according to law. 

Sec. 4. The house of representatives solely, shall have the 
power of impeachment. No person shall be convicted without the 
concurrence of two-thirds of the senators elected. When the 
governor is impeached, the chief justice shall preside. 

Sec. 5. Treason against the state shall consist only, in levying 
war against it, or adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt acf, or on confession 
in open court. No conviction of treason or attainder, shall work 
corruption of blood or forfeiture of estate. 

Sec. 6. (Amendment No. 12, effective Nov. 28, 1910.) The su¬ 
preme court shall consist of three justices, a majority of whom 
shall be necessary to make a quorum or pronounce a decision. If 
a justice of the supreme court shall be disqualified from sitting in 
a cause before said court, or be unable to sit therein, by reason 
of illness or absence, the said court may call a district judge to sit 
in said court on the hearing of such cause. The justices of the 
supreme court shall be elected by the electors of the state at 
large. The terms of office of the justices of the supreme court, 
epccept as in this article otherwise provided, shall be six years. 
The justices of the supreme court shall, immediately after the 
first election under this constitution, be selected by lot, so that one 
shall hold his office for the term of two years, one for the term of 
four years, and one for the term of six years. The lots shall be 
drawn by the justices of the supreme court, who shall, for that 
purpose, assemble at the seat of government, and they shall cause 
the result thereof to be certified to by the secretary of state, and 
filed in his office. The justice having the shortest term to serve, 
not holding his office by appointment, or election to fill a vacancy, 
shall be chief justice, and shall preside at all terms of the supreme 
court; and, in case of his absence, the justice having in like 
manner the next shortest term to serve, shall preside in his stead. 

Sec. 7. No justice of the supreme court shall be eligible to any 
other office of trust or profit, under the laws of this state during 
the term for which he was elected. 

Sec. 8. At least four terms of the supreme court shall be held 
annually; two terms at the seat of state government, and two 
terms at the city of Lewiston, in Nez Perce county. In case of 
epidemic, pestilence, or destruction of court houses, the justices 
may hold the terms of the supreme court provided by this section 
at other convenient places, to be fixed by a majority of said 
justices. After six years, the legislature may alter the provisions 
of this section. 

Sec. 9. The supreme court shall have jurisdiction to review, 
upon appeal, any decision of the district courts, or the judges 


120 


APPENDIX 


thereof. The supreme court shall also have original jurisdiction to 
issue writs of mandamus, certiorari, prohibition, and habeas 
corpus; and all writs necessary or proper to the complete exercise 
of its appellate jurisdiction. 

Sec. 10. The supreme court shall have original jurisdiction to 
hear claims against the state, but its decision shall be merely 
recommendatory; no process in the nature of execution shall issue 
thereon; they shall be reported to the next session of the legis¬ 
lature for its action. 

Sec. 11. The state shall be divided into five judicial districts, 
for each of which a judge shall be chosen by the qualified electors 
thereof, whose term of office shall be four years. And there shall 
be held a district court, in each county, at least twice in each 
year, to continue for such time in each county as may be pre¬ 
scribed by law. But the legislature may reduce or increase the 
number of districts, district judges and district attorneys. This 
section shall not be construed to prevent the holding of special 
terms under such regulations as may be provided by law. 

Sec. 12. Every judge of the district court shall reside in the 
district for which he is elected. A judge of any district court may 
hold a district court in any county at the request of the judge of 
the district court thereof, and upon the request of the governor, 
it shall be his duty to do so; but a cause in the district court may 
be tried by a judge pro tempore, who must be a member of the 
bar, agreed upon in writing by the parties litigant, or their at¬ 
torneys of record, and sworn to try the cause. 

Sec. 13. The legislature shall have no power to deprive the 
judicial department of any power or jurisdiction which rightfully 
pertains to it as a co-ordinate department of the government; but 
the legislature shall provide a proper system of appeals, and regu¬ 
late by law, when necessary, the methods of proceedings in the 
exercise of their powers of all the courts below the supreme court, 
so far as the same may be done without conflict with this con¬ 
stitution. 

Sec. 14. The legislature may provide for the establishment of 
special courts, for the trial of misdemeanors, in incorporated 
cities and towns, where the same may be necessary. 

Sec. 15. The clerk of the supreme court shall be appointed by 
the court, and shall hold his office during the pleasure of the 
court. He shall receive such compensation for his services as may 
be provided by law. 

Sec. 16. A clerk of the district court for each county shall be 
elected by the qualified voters thereof, at the time and in the 
manner prescribed by law for the election of members of the 
legislature, and shall hold his office for the term of four years. 

Sec. 17. The salary of the justices of the supreme court, until 
otherwise provided by the legislature, shall be three thousand 
dollars each per annum, and the salary of the judges of the dis¬ 
trict court until otherwise provided by the legislature shall be 
three thousand dollars each per annum, and no justice of the 


CONSTITUTION OF IDAHO 


121 


supreme court or judge of the district court, shall be paid his 
salary, or any part thereof, unless he shall have first taken and 
subscribed an oath that there is not in his hands any matter in 
controversy not decided by him which had been finally submitted 
for his consideration and determination, thirty days prior to the 
taking and subscribing such oath. 

Sec. 18. (Amendment No. 3, effective Nov. 27, 1896.) A prose¬ 
cuting attorney shall be elected for each organized county of the 
state, by the qualified electors of such county, and shall hold office 
for the term of two years, and shall perform such duties as may 
be prescribed by law r ; he shall be a practicing attorney at law, and 
a resident and elector of the county in which he is elected. He 
shall receive as compensation for his services a sum not less than 
five hundred dollars per annum nor more than fifteen hundred 
dollars per annum, to be fixed by the board of commissioners of 
the county at its regular session in July next preceding any general 
election, and to be paid in quarterly installments out of the 
county treasury. 

Sec. 19. All vacancies occurring in the offices provided for by 
this article of the constitution shall be filled as provided by law. 

Sec. 20. The district court shall have original jurisdiction in all 
cases, both at law and in equity, and such appellate jurisdiction 
as may be conferred by law. 

Sec. 21. The probate courts shall be courts of record, and shall 
have original jurisdiction in all matters of probate, settlement of 
estates of deceased persons, and appointment of guardians; also, 
jurisdiction to hear and determine all civil cases wherein the debt 
or damage claimed, does not exceed the sum of five hundred dol¬ 
lars, exclusive of interest and concurrent jurisdiction with justices 
of the peace in criminal cases. 

Sec. 22. In each county of this state there shall be elected 
justices of the peace as prescribed by law. Justices of the peace 
shall have such jurisdiction as may be conferred by law, but they 
shall not have jurisdiction of any cause wherein the value of the 
property or the amount in controversy exceeds the sum of three 
hundred dollars exclusive of interest, nor where the boundaries or 
title to any real property shall be called in question. 

Sec. 23. No person shall be eligible to the office of district 
judge unless he be learned in the law, thirty years of age, and a 
citizen of the United States, and shall have resided in the state 
or territory at least two years next preceding his election, nor 
unless he shall have been at the time of his election, an elec¬ 
tor in the judicial district for which he is elected. 

Sec. 24. Until otherwise provided by law, the judicial districts 
shall be five in number, and constituted of the following counties, 
viz: First district, Shoshone and Kootenai. Second district, Latah, 
Nez Perce, and Idaho. Third district, Washington, Ada, Boise, 
and Owyhee. Fourth district, Cassia, Elmore, Logan, and Alturas. 
Fifth district, Bear Lake, Bingham, Oneida, Lemhi, and Custer. 

Sec. 25. The judges of the district courts shall, on or before 


122 


APPENDIX 


the first day of July in each year, report in writing to the justices 
of the supreme court, such defects or omissions in the laws as 
their knowledge and experience may suggest, and the justices of 
the supreme court shall, on or before the first day of December of 
each year, report in writing to the governor, to be by him trans¬ 
mitted to the legislature, together with his message, such defects 
and omissions in the constitution and laws as they may find to 
exist. 

Sec. 26. All laws relating to courts shall be general and of uni¬ 
form operation throughout the state, and the organized judicial 
powers, proceedings and practices of all the courts of the same 
class or grade, so far as regulated by law, and the force and effect 
of the proceedings, judgments and decrees of such courts, sev¬ 
erally, shall be uniform. 

Sec. 27. The legislature may by law diminish or increase the 
compensation of any or all of the following officers, to-wit: Gov¬ 
ernor, lieutenant-governor, secretary of state, state auditor, state 
treasurer, attorney general, superintendent of public instruction, 
commissioner of immigration and labor, justices of the supreme 
court and judges of the district courts and district attorneys; but 
no dimunition or increase shall effect the compensation of the 
officer then in office during his term; Provided, however, That the 
legislature may provide for the payment of actual and necessary 
expenses of the governor, secretary of state, attorney general and 
superintendent of public instruction incurred while in perform¬ 
ance of official duty. 


ARTICLE VI. 

Suffrage and Elections. 

Section 1. All elections by the people must be by ballot. An 
absolutely secret ballot is hereby guaranteed, and it shall be the 
duty of the legislature to enact such laws as shall carry this sec¬ 
tion into effect. 

Sec. 2. (Amendment No. 2, effective Nov. 27, 1896.) Except as in 
this article otherwise provided, every male or female citizen of the 
United States, twenty-one years old, who has actually resided in 
this State or Territory for six months, and in the county, where he 
or she offers to vote, thirty days next preceding the day of elec¬ 
tion, if registered as provided by law, is a qualified elector; and 
until otherwise provided by the legislature, women who have the 
qualifications prescribed in this article may continue to hold such 
school offices and vote at such school elections as provided by the 
laws of Idaho Territory. 

Sec. 3. No person is permitted to vote, serve as a juror, or hold 
any civil office who is under guardianship, idiotic or insane, or who 
has at any place, been convicted of treason, felony, embezzle¬ 
ment of the public funds, bartering or selling, or offering to barter 
or sell his vote, or purchasing or offering to purchase the vote of 
another, or other infamous crime, and who has not been restored 


CONSTITUTION OF IDAHO 


123 


to the rights of citizenship, or who at the time of such election 
is confined in prison on conviction of a criminal offense, or who is 
a bigamist or polygamist, or is living in what is known as patri- 
archial, plural or celestial marriage, or in violation of any law of 
this state, or of the United States, forbidding any such crime; or 
who in any manner teaches, advises, counsels, aids or encourages 
any person to enter into bigamy, polygamy, or such patriarchial, 
plural, or celestial marriage, or to live in violation of any such law, 
or to commit any such crime; or who is a member of, or con¬ 
tributes to the support, aid, or encouragement of, any order, or¬ 
ganization, association, corporation, or society, which teaches, 
advises, counsels, encourages or aids any person to enter into 
bigamy, polygamy or such patriarchial or plural marriage, or 
which teaches or advises that the laws of this state prescribing 
rules of civil conduct, are not the supreme law of the state; nor 
shall Chinese or persons of Mongolian descent not born in the 
United States, nor Indians not taxed, who have not severed their 
tribal relations and adopted the habits of civilization, either vote, 
serve as jurors, or hold any civil office. 

Sec. 4. The legislature may prescribe qualifications, limitations 
and conditions for the right of suffrage, additional to those pre¬ 
scribed in this article, but shall never annul any of the provisions 
in this article contained. 

Sec. 5. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence by reason of his presence or 
absence while employed in the service of this state, or of the 
United States, nor while engaged in the navigation of the waters 
of this state or of the United States, nor while a student of any 
institution of learning, nor while kept at any alms house or other 
asylum at the public expense. 

ARTICLE VII. 

Finance and Revenue. 

Section 1. The fiscal year shall commence on the second Mon¬ 
day of January in each year, unless otherwise provided by law. 

Sec. 2. The legislature shall provide such revenue as may be 
needful, by levying a tax by valuation, so that every person or 
corporation shall pay a tax in proportion to the value of his, her, 
or its property, except as in this article hereinafter otherwise pro¬ 
vided. The legislature may also impose a license tax, (both upon 
natural persons and upon corporations, other than municipal, 
doing business in this state); also a per capita tax; Provided, The 
legislature may exempt a limited amount of improvements upon 
land, from taxation. 

Sec. 3. The word “property” as herein used, shall be defined 
and classified by law. 

Sec. 4. The property of the United States, the state, counties, 
towns, cities, and other municipal corporations and public libraries, 
shall be exempt from taxation. 


124 


APPENDIX 


Sec. 5. All taxes shall be uniform upon the same class of sub¬ 
jects within the territorial limits, of the authority levying the tax, 
and shall be levied and collected under general laws, which shall 
prescribe such regulations as shall secure a just valuation for taxa¬ 
tion of all property, real and personal; Provided, That the legis¬ 
lature may allow such exemptions from taxation from time to 
time as shall seem necessary and just, and all existing exemptions 
provided by the laws of the territory, shall continue until changed 
by the legislature of the state; Provided further, That duplicate 
taxation of property for the same purpose during the same year, 
is hereby prohibited. 

Sec. 6. The legislature shall not impose taxes for the purpose 
of any county, city, town, or other municipal corporation, but may 
by law invest in the corporate authorities thereof, respectively, the 
power to assess and collect taxes for all purposes of such corpora¬ 
tion. 

Sec. 7. All taxes levied for state purposes shall be paid into 
the state treasury, and no county, city, town, or other municipal 
corporation, the inhabitants thereof, nor the property therein, shall 
be released or discharged from their or its proportionate share of 
taxes to be levied for state purposes. 

Sec. 8. The power to tax corporations or corporate property, 
both real and personal, shall never be relinquished or suspended, 
and all corporations in this state or doing business therein, shall 
be subject to taxation for state, county, school, municipal, and 
other purposes, on real and personal property owned or used by 
them, and not by this constitution exempted from taxation within 
the territorial limits of the authority levying the tax. 

Sec. 9. (Amendment No. 9, effective Nov. 26, 1906.) The rate of 
taxation of real and personal property for State purposes shall 
never exceed ten (10) mills on each dollar of assessed valuation, 
unless a proposition to increase such rate, specifying the rate pro¬ 
posed and the time during which the same shall be levied, shall 
have been submitted to the people at a general election, and shall 
have received a majority of all the votes cast for and against it at 
such election. 

Sec. 10. The making of profit, directly or indirectly, out of 
state, county, city, town, township or school district money, or 
using the same for any purpose not authorized by law, by any 
public officer, shall be deemed a felony, and shall be punished as 
provided by law. 

Sec. 11. No appropriation shall be made, nor any expenditure 
authorized for by the legislature, whereby the expenditure of the 
state, during any fiscal year shall exceed the total tax then pro¬ 
vided for by law, and applicable to such appropriation or expendi¬ 
ture, unless the legislature making such appropriation shall provide 
for levying a sufficient tax, not exceeding the rates allowed in 
section nine (9) of this article, to pay such appropriation or ex¬ 
penditure within such fiscal year. This provision shall not apply 


CONSTITUTION OF IDAHO 


125 


to appropriations or expenditures, to suppress insurrection, defend 
the state, or assist in defending the United States in time of war. 

Sec. 12. There shall be a state board of equalization, consisting 
of the governor, secretary of state, attorney general, state auditor 
and state treasurer, w r hose duties shall be prescribed by law. The 
board of county commissioners for the several counties of the 
state, shall constitute a board of equalization for their respective 
counties, whose duty it shall be to equalize the valuation of the 
taxable property in the county, under such rules and regulations 
as shall be prescribed by law. 

Sec. 13. No money shall be drawn from the treasury, but in 
pursuance of appropriations made by law. 

Sec. 14. No money shall be drawn from the county treasuries 
except upon the warrant of a duly authorized officer, in such man¬ 
ner and form as shall be prescribed by the legislature. 

Sec. 15. The legislature shall provide by law, such a system of 
county finance, as shall cause the business of the several counties 
to be conducted on a cash basis. It shall also provide that when¬ 
ever any county shall have any warrants outstanding and unpaid, 
for the payment of which there are no funds in the county treas¬ 
ury, the county commissioners, in addition to other taxes provided 
by law, shall levy a special tax not to exceed ten (10) mills on the 
dollar, of taxable property as shown by the last preceding assess¬ 
ment, for the creation of a special fund for the redemption of said 
warrants; and after the levy of such special tax, all warrants 
issued before such levy, shall be paid exclusively out of said fund. 
All moneys in the county treasury at the end of each fiscal year, 
not needed for current expenses, shall be transferred to said re¬ 
demption fund. 

Sec. 16. The legislature shall pass all laws necessary to carry 
out the provisions of this article. 

ARTICLE VIII. 

Public Indebtedness and Subsidies. 

Section 1. (Amendment No. 13, effective Nov. 28, 1910.) The leg¬ 
islature shall not in any manner create any debt or debts, liability 
or liabilities, which shall singly or in the aggregate, exclusive of 
the debt of the territory at the date of its admission as a state, 
and exclusive of debts or liabilities incurred subsequent to January 
1st, 1911, for the purpose of completing the construction and fur¬ 
nishing of the state capitol building at Boise, Idaho, exceed the 
sum of one and one-half per centum upon the assessed value of 
the taxable property of the state, except in case of war to repel 
an invasion or suppress insurrection, unless the same shall be 
authorized by law for some single object of word to be distinctly 
specified therein, which law shall provide ways and means, ex¬ 
clusive of loans, for payment of the interest of such debt or lia¬ 
bility as it falls due and also for the payment and discharge of 
the principal of such debt or liability, within twenty (20) years of 


126 


APPENDIX 


the time of the contracting thereof, and shall be irrepealable until 
the principal and interest thereon shall be paid and discharged; 
but no such law shall take effect until at a general election it shall 
have been submitted to the people, and shall have received a ma¬ 
jority of all the votes cast for and against it at such election; and 
all moneys raised by the authority of such laws, shall be applied 
only to specified objects therein stated, or to the payment of the 
debt thereby created, and such law shall be published in at least 
one newspaper in each county or city and county, if one be pub¬ 
lished therein, throughout the state for three months next preced¬ 
ing the election at which it is submitted to the people. The legis¬ 
lature shall at any time after the approval of such law, by the 
people, if no debts shall have been contracted in the pursuance 
thereof, repeal the same. 

Sec. 2. The credit of the state shall not, in any manner, be given 
or loaned to, or in aid of, any individual, association, municipality 
or corporation; nor shall the state directly or indirectly, become a 
stockholder in any association or corporation. 

Sec. 3. No county, city, town, township, board of education, or 
school district, or other subdivision of the state, shall incur any 
indebtedness, or liability, in any manner, or for any purpose, ex¬ 
ceeding in that year, the income and revenue provided for it for 
such year, without the assent of two-thirds of the qualified electors 
thereof voting at an election to be held for that purpose, nor unless, 
before or at the time of incurring such indebtedness, provision shall 
be made for the collection of an annual tax sufficient to pay the 
interest on such indebtedness as it falls due, and also to constitute 
a sinking fund for the payment of the principal thereof, within 
twenty years from the time of contracting the same. Any indebted¬ 
ness or liability incurred contrary to this provision shall be void. 
Provided, That this section shall not be construed to apply to the 
ordinary and necessary expenses authorized by the general laws of 
the state. 

Sec. 4. No county, city, town, township, board of education, or 
school district, or other subdivision, shall lend, or pledge the credit 
or faith thereof directly or indirectly, in any manner, to, or in aid 
of any individual, association or corporation, for any amount or 
for any purpose whatever, or become responsible for any debt, 
contract or liability of any individual, association or corporation 
in or out of this state. 


ARTICLE IX. 

Education and School Lands. 

Section 1. The stability of a republican form of government, 
depending mainly upon the intelligence of the people, it shall be 
the duty of the legislature of Idaho, to establish and maintain a 
general, uniform and thorough system of public, free common 
schools. 

Sec. 2. The general supervision of the public schools of the 


CONSTITUTION OF IDAHO 


127 


state shall be vested in a board of education, whose powers and 
duties shall be prescribed by law; the superintendent of public in¬ 
struction, the secretary of state, and attorney general, shall con¬ 
stitute the board of which the superintendent of public instruction 
shall be president. f 

Sec. 3. The public school fund of the state shall forever re¬ 
main inviolate and intact; the interest thereon only shall be ex¬ 
pended in the maintenance of the schools of the state, and shall be 
distributed among the several counties and school districts of the 
state in such manner as may be prescribed by law. No part of 
this fund, principal or interest, shall ever be transferred to any 
other fund, or used or appropriated except as herein provided. 
The state treasurer shall be the custodian of this fund, and the 
same shall be securely and profitably invested as may be by law 
directed. The state shall supply all losses thereof that may in 
any manner occur. 

Sec. 4. The public school fund of the state shall consist of the 
proceeds of such lands as have heretofore been granted, or may 
hereafter be granted to the state by the general government, 
known as school lands, and those granted in lieu of such; lands 
acquired by gift or grant from any person or corporation under 
any law or grant of the general government; and of all other 
grants of land or money made to the state from the general 
government for general educational purposes, or where no other 
special purposes is indicated in such grant; all estate or distribu¬ 
tive shares of estates that may escheat to the state; all unclaimed 
shares and dividends of any corporation incorporated under the 
laws of the state; and all other grants, gifts, devises, or bequests 
made to the state for general educational purposes. 

Sec. 5. Neither the legislature nor any county, city, town, 
township, school district or other public corporation, shall ever 
make any appropriation or pay from any public fund or moneys 
whatever, anything in aid of any church or sectarian, or religious 
society, or for any sectarian or religious purpose, or to help sup¬ 
port or sustain any school, academy, seminary, college, university 
or other literary or scientific institution, controlled by any church, 
sectarian or religious denomination whatsoever; nor shall any 
grant or donation of land, money or other personal property ever 
be made by the state or any such public corporation, to any 
church or for any sectarian or religious purpose. 

Sec. 6. No religious test or qualification shall ever be required 

of any person as a condition of admission into any public edu¬ 
cational institution of the state, either as a teacher or student; 

and no teacher or student of any such institution shall ever be 
required to attend or participate in any religious service what¬ 
ever. No sectarian or religious tenets or doctrines shall ever be 
taught in the public schools, nor shall any distinction or classifica¬ 
tion of pupils be made on account of race or color. No books, 
papers, tracts or documents of a political, sectarian or denomina¬ 
tional character shall be used or introduced in any schools estab- 


128 


APPENDIX 


lished under the provisions of this article, nor shall any teacher 
or any district receive any of the public school moneys in which 
the schools have not been taught in accordance with the provisions 
of this article. 

Sec. 7. (Amendment No. 14, effective Nov. 28, 1910.) The gov¬ 
ernor, superintendent of public instruction, secretary of state, at¬ 
torney general and state auditor shall constitute the state board 
of land commissioners, who shall have the direction, control and 
disposition of the public lands of the state, under such regulations 
as may be prescribed by law. 

Sec. 8. It shall be the duty of the state board of land commis¬ 
sioners to provide for the location, protection, sale or rental of all 
the lands heretofore, or which may hereafter be granted to the 
state by the general government, under such regulations as may 
be prescribed by law, and in such manner as will secure the maxi¬ 
mum possible amount therefor; Provided, That no school lands 
shall be sold for less than ten (10) dollars per acre. No law shall 
ever be passed by the legislature granting any privilege to persons 
who may have settled upon any such public lands, subsequent to 
the survey thereof by the general government, by w r hich the 
amount to be derived by the sale or other disposition of such lands, 
shall be diminished, directly or indirectly. The legislature shall 
at the earliest practicable period, provide by law that the general 
grants of land made by congress to the state, shall be judiciously 
located and carefully preserved and held in trust, subject to dis¬ 
posal at public auction for the use and benefit of the respective 
objects for which said grants of lands were made, and the legis¬ 
lature shall provide for the sale of said lands from time to time 
and for the sale of timber on all state lands and for the faithful 
application of the proceeds thereof in accordance with the terms 
of said grants; Provided, That not to exceed twenty-five sections 
of school lands shall be sold in any one year, and to be sold in 
subdivisions of not to exceed one iiundred and sixty (160) acres to 
any one individual, company or corporation. 

Sec. 9. The legislature may require by law 7 that every child of 
sufficient mental and physical ability, shall attend the public 
school throughout the period between the ages of six and eighteen 
years, for a time equivalent to three years, unless educated by 
other means. 

Sec. 10. The location of the University of Idaho, as established 
by existing laws, is hereby confirmed. All the rights, immunities, 
franchise and endowments, heretofore granted thereto by the ter¬ 
ritory of Idaho are hereby perpetuated unto the said university. 
The regents shall have the general supervision of the university, 
and the control and direction of all the funds of, and appropria¬ 
tions to, the university, under such regulations as may be pre¬ 
scribed by law. No university lands shall be sold for less than ten 
($10) dollars per acre, and in subdivisions not to exceed one hun¬ 
dred and sixty (160) acres, to any one person, company or cor¬ 
poration. 


CONSTITUTION OF IDAHO 


129 


Sec. 11. (Amendment No. 7, effective Nov. 28, 1900.) The per¬ 
manent educational funds other than funds arising from the dis¬ 
position of university lands belonging to the State, shall be loaned 
on first mortgage on improved farm lands within the State; State, 
United States, or school district bonds, or State warrants, under 
such regulations as the legislature may provide. Provided, That 
no loan shall be made of any amount of money exceeding one-third 
of the market value of the lands at the time of the loan, exclusive 
of buildings. 


ARTICLE X. 

Public Institutions. 

Section 1. Educational, reformatory and penal institutions, and 
those for the benefit of the insane, blind, deaf and dumb, and such 
other institutions as the public good may require, shall be estab¬ 
lished and supported by the state in such manner as may be pre¬ 
scribed by law. 

Sec. 2. The seat of government of the state of Idaho shall be 
located at Boise City for twenty years from the admission of the 
state, after which time the legislature may provide for its re¬ 
location by submitting the question to a vote of the electors of the 
state at some general election. 

Sec. 3. The legislature may submit the question of the location 
of the seat of government to the qualified voters of the state at 
the general election, then next ensuing and a majority of all the 
votes upon said question cast at said election shall be necessary 
to determine the location thereof. Said legislature shall also pro¬ 
vide that in case there shall be no choice of location at said elec¬ 
tion, the question of choice between the two places for which the 
highest number of votes shall have been cast, shall be submitted 
in like manner to the qualified electors of the state at the next 
general election. 

Sec. 4. All property and institutions of the territory, shall, upon 
the adoption of the constitution become the property and institu¬ 
tions of the state of Idaho. 

Sec. 5. The governor, secretary of state and attorney general 
shall constitute a board to be known as the state prison commis¬ 
sioners, and shall have the control, direction and management of 
the penitentiaries of the state. The governor shall be chairman, 
and the board shall appoint a warden, who may be removed at 
pleasure. The warden shall have the power to appoint his sub¬ 
ordinates, subject to the approval of the said board. 

Sec. 6. There shall be appointed by the governor, three direc¬ 
tors of the asylum for the insane, who shall be confirmed by the 
senate. They shall have the control, direction and management of 
the said asylums under such regulations as the legislature shall 
provide and hold their offices for a period of two years. The di¬ 
rectors shall have the appointment of the medical superintendent, 
who shall appoint the assistants with the approval of the directors. 


OG-9 


130 


APPENDIX 


Sec. 7. The legislature for sanitary reasons may cause the 
removal to more suitable localities of any of the institutions men¬ 
tioned in section one of this article. 

ARTICLE XI. 

Corporations, Public and Private. 

Section 1. All existing charters or grants of special or ex¬ 
clusive privileges, under which the corporators or grantees shall 
not have organized or commenced business in good faith at the 
time of the adoption of this constitution, shall thereafter have no 
validity. 

Sec. 2. No charter of incorporation shall be granted, extended, 
changed or amended by special law, except for such municipal, 
charitable, educational, penal, or reformatory corporations as are 
or may be, under the control of the state, but the legislature shall 
provide by general law for the organization of corporations here¬ 
after to be created; Provided, That any such general law shall be 
subject to future repeal or alteration by the legislature. 

Sec. 3. The legislature may provide by law for altering, revok¬ 
ing or annulling, any charter of incorporation existing and re- 
vokable at the time of the adoption of this constitution, in such 
manner, however, that no injustice shall be done to the corporators. 

Sec. 4. The legislature shall provide by law that in all elections 
for directors or managers of incorporated companies, every stock¬ 
holder shall have the right to vote in person or by proxy for the 
number of shares of stock owned by him, for as many persons as 
there are directors or managers to be elected, or to cumulate said 
shares, and give one candidate as many votes as the number of 
directors, multiplied by the number of his shares of stock, shall 
equal, or to distribute them, on the same principle, among as many 
candidates as he shall think fit, and such directors shall not be 
elected in any other manner. 

Sec. 5. All railroads shall be public highways, and all rail¬ 
road, transportation and express companies shall be common 
carriers, and subject to legislative control, and the legislature shall 
have power to regulate and control by law, the rates of charges 
for the transportation of passengers and freight by such com¬ 
panies or other common carriers, from one point to another in the 
state. Any association or corporation organized for the purpose, 
shall have the right to construct and operate a railroad between 
any designated points within this state, and to connect within or 
at the state line, with railroads of other states and territories. 
Every railroad company shall have the right with its road, to 
intersect, connect with, or cross any other railroad, under such 
regulations as may be prescribed by law, and upon making due 
compensation. 

Sec. 6. All individuals, associations, and corporations, similarly 
situated, shall have equal rights to have persons or property trans¬ 
ported on and over any railroad, transportation, or express route 


CONSTITUTION OF IDAHO 


131 


in the state, except that preference may be given to perishable 
property. No undue or unreasonable discrimination shall be made 
in charges or facilities for transportation of freight or passengers 
of the same class, by any railroad, or transportation, or express 
company, between persons or places within the state; but excur¬ 
sion or commutation tickets may be issued and sold at special 
rates, provided such rates are the same to all persons. No rail¬ 
road, or transportation, or express company shall be allowed to 
charge, collect, or receive, under penalties which the legislature 
shall prescribe, any greater charge or toll for the transportation 
of freight or passengers, to any place or station upon its route or 
line, than it charges for the transportation of the same class of 
freight or passengers to any more distant place or station upon 
its route or line within this state. No railroad, express, or trans¬ 
portation company, nor any lessee, manager, or other employee 
thereof, shall give any preference to any individual, association, 
or corporation, in furnishing cars or motive power, or for the 
transportation of money or other express matter. 

Sec. 7. No corporations other than municipal corporations in 
existence at the time of the adoption of this constitution, shall 
have the benefit of any future legislation, without first filing in 
the office of the secretary of state an acceptance of the provisions 
of this constitution in binding form. 

Sec. 8. The right of eminent domain shall never be abridged, 
nor so construed as to prevent the legislature from taking the 
property and franchise of incorporated companies, and subjecting 
them to public use, the same as property of individuals; and the 
police powers of the state shall never be abridged, or so construed 
as to permit corporations to conduct their business in such manner 
as to infringe the equal rights of individuals, or the general well 
being of the state. 

Sec. 9. No corporation shall issue stocks or bonds, except for 
labor done, services performed, or money or property actually 
received; and all fictitious increase of stock or indebtedness shall 
be void. The stock of corporations shall not be increased except 
in pursuance of general law, nor without the consent of the per¬ 
sons, holding a majoi ity of the stock, first obtained at a meeting, 
held after at least thirty days’ notice given in pursuance of law. 

Sec. 10. No foreign corporation shall do any business in this 
state without having one or more known places of business, and 
an authorized agent or agents in the same, upon whom process 
may be served; and no company or corporation formed under the 
laws of any other country, state or territory, shall have or be 
allowed to exercise or enjoy, within this state, any greater rights 
or privileges than those possessed or enjoyed by corporations of 
the same or similar character created under the laws of this 
state. 

Sec. 11. No street, or other railroad, shall be constructed within 
any city, town, or incorporated village, without the consent of the 


182 


APPENDIX 


local authorities having the control of the street or highway pro¬ 
posed to be occupied by such street or other railroad. 

Sec. 12. The legislature shall pass no law for the benefit of a 
railroad, or other corporation, or any individual, or association of 
individuals retroactive in its operation, or which imposes on the 
people of any county or municipal subdivision of the state, a new 
liability in respect to transactions or considerations already past. 

Sec. 13. Any association or corporation or the lessees or mana¬ 
gers thereof, organized for the purpose, or any individual, shall 
have the right to construct and maintain lines of telegraph or tele¬ 
phone within this state, and connect the same with other lines; 
and the legislature shall by general law of uniform operation, 
provide reasonable regulations to give full effect to this section. 

Sec. 14. If any railroad, telegraph, express, or other corpora¬ 
tion organized under any of the laws of this state, shall consolidate, 
by sale or otherwise, with any railroad, telegraph, express or other 
corporation, organized under any of the laws of any other state 
or territory, or of the United States, the same shall not thereby 
become a foreign corporation, but the courts of this state shall 
retain jurisdiction over that part of the corporate property within 
the limits of the state in all matters that may arise, as if said 
consolidation had not taken place. 

Sec. 15. The legislature shall not pass any law permitting the 
leasing or alienation of any franchise so as to release or relieve 
the franchise or property held thereunder from any of the lia¬ 
bilities of the lessor or grantor, or lessee or grantee, contracted or 
incurred in the operation, use, or enjoyment of such franchise, or 
any of its privileges. 

Sec. 16. The term “corporation” as used in this article, shall 
be held and construed to include all associations and joint stock 
companies, having or exercising any of the powers or privileges of 
corporations not possessed by individuals or partnerships. 

Sec. 17. Dues from private corporations shall be secured by 
such means as may be prescribed by law, but in no case shall any 
stockholders be individually liable in any amount over or above 
the amount of stock owned by him. 

Sec. 18. That no incorporated company or any association of 
persons or stock company, in the state of Idaho, shall directly or 
indirectly combine or make any contract with any other incor¬ 
porated company, foreign or domestic, through their stockholders or 
the trustees or assignees of such stockholders, or in any manner 
whatsoever, for the purpose of fixing the price or regulating the 
production of any article of commerce or of produce of the soil, 
or of consumption by the people; and that the legislature be re¬ 
quired to pass laws for the enforcement thereof, by adequate pen¬ 
alties, to the extent, if necessary for that purpose, of the forfeiture 
of their property and franchise. 


CONSTITUTION OF IDAHO 


133 


ARTICLE XII. 

Corporations—Municipal. 

Section 1. The legislature shall provide by general laws for 
the incorporation, organization and classification of the cities and 
towns in proportion to the population, which laws may be altered, 
amended or repealed by the general laws. Cities and towns here¬ 
tofore incorporated, may become organized under such general laws, 
whenever a majority of the electors at a general election, shall so 
determine, under such provision therefor as may be made by the 
legislature. 

Sec. 2. Any county, or incorporated city or tow r n may make and 
enforce, within its limits, all such local police, sanitary and other 
regulations as are not in conflict with its charter or with the 
general laws. 

Sec. 3. The state shall never assume the debts of any county, 
town or other municipal corporation, unless such debt shall have 
been created to repel invasion, suppress insurrection or defend the 
state in war. 

Sec. 4. No county, town, city or other municipal corporation, 
by vote of its citizens or otherwise, shall ever become a stock¬ 
holder in any joint stock company, corporation or association what¬ 
ever, or raise money for, or make donation or loan its credit to, 
or in aid of, any such company or association: Provided, That 
cities and towns may contract indebtedness for school, water, sani¬ 
tary and illuminating purposes; Provided, That any city or town 
contracting such indebtedness shall own its just proportion of the 
property thus created and receive from any income arising there¬ 
from, its proportion to the whole amount so invested. 

ARTICLE XIII. 

Immigration and Labor. 

Section 1. There shall be established a bureau of immigration, 
labor and statistics, which shall be under the charge of a com¬ 
missioner of immigration, labor and statistics, who shall be ap¬ 
pointed by the governor, by and with the consent of the senate. 
The commissioner shall hold his office for two years, and until his 
successor shall have been appointed and qualified, unless sooner 
removed. The commissioner shall collect information upon the 
subject of labor, its relation to capital, the hours of labor and 
the earnings of laboring men and women, and the means of pro¬ 
moting their material, social, intellectual and moral prosperity. 
The commissioner shall annually make a report in writing to the 
governor of the state of the information collected and collated by 
him, and containing such recommendations as he may deem cal¬ 
culated to promote the efficiency of the bureau. 

Sec. 2. (Amendment No. 8, effective Nov. 28, 1902.) Not more 
than eight (8) hours’ actual work shall constitute a lawful day’s 
work on all state and municipal works, and the legislature shall 


134 


APPENDIX 


pass laws to provide for the health and safety of employees in 
factories, smelters, mines and ore reduction works. 

Sec. 3. All labor of convicts confined in the state’s prison, shall 
be done within the prison grounds, except where the work is done 
on public works under the direct control of the state. 

Sec. 4. The employment of children under the age of fourteen 
(14) years in underground mines is prohibited. 

Sec. 5. No person, not a citizen of the United States or who 
has not declared his intention to become such, shall be employed 
upon, or in connection with, any state or municipal works. 

Sec. 6. The legislature shall provide by proper legislation for 
giving to mechanics, laborers and material men an adequate lien 
on the subject matter of their labor. 

Sec. 7. The legislature may establish boards of arbitration 
whose duty it shall be to hear and determine all differences and 
controversies between laborers and their employers which may be 
submitted to them in writing by all the parties. Such boards of 
arbitration shall possess all the powers and authority in respect to 
administering oaths, subpoenaing witnesses, and compelling their 
attendance, preserving order during the sittings of the board, pun¬ 
ishing for contempt, and requiring the production of papers and 
writings, and all other powers and privileges, in their nature ap¬ 
plicable, conferred by law on justices of the peace. 

Sec. 8. The commissioner of immigration, labor and statistics, 
shall perform such duties and receive such compensation as may be 
prescribed by law. 


ARTICLE XIV. 

Militia. 

Section 1. All able-bodied male persons residents of this state, 
between the ages of eighteen and forty-five years, shall be enrolled 
in the militia and perform such military duty as may be required 
by law; but no person having conscientious scruples against bear¬ 
ing arms, shall be compelled to perform such duty in time of peace. 
Every person claiming such exemption from service, shall, in lieu 
thereof, pay into the school fund of the county of which he may 
be a resident, an equivalent in money; the amount and manner of 
payment to be fixed by law. 

Sec. 2. The legislature shall provide by law tor the enrollment, 
equipment and discipline of the militia, to conform as nearly as 
practicable to the regulations for the government of the armies of 
the United States, and pass such laws to promote volunteer or¬ 
ganizations, as may afford them effectual encouragement. 

Sec. 3. All militia officers shall be commissioned by the gov¬ 
ernor, the manner of their selection to be provided by law, and 
may hold their commissions for such period of time as the legis¬ 
lature may provide. 

Sec. 4. All military records, banners, and relics of the state, 
except when in lawful use, shall be preserved in the office of the 


CONSTITUTION OF IDAHO 


135 


adjutant-general, as an enduring memorial of the patriotism and 
valor of the soldiers of Idaho; and it shall be the duty of the legis¬ 
lature to provide by law for the safe keeping of the same. 

Sec. 5. All military organizations under the laws of this state, 
shall carry no other device, banner or flag, than that of the 
United States or the state of Idaho. 

Sec. 6. No armed police force, or detective agency, or armed 
body of men, shall ever be brought into this state for the sup¬ 
pression of domestic violence, except upon the application of the 
legislature, or the executive, when the legislature can not be con¬ 
vened. 


ARTICLE XV. 

Water Rights. 

Section 1. The use of all waters now appropriated, or that may 
hereafter be appropriated for sale, rental or distribution; also of 
all water originally appropriated for private use, but which after 
such appropriation has heretofore been, or may hereafter be sold, 
rented, or distributed, is hereby declared to be a public use, and 
subject to the regulation and control of the state in the manner 
prescribed by law. 

Sec. 2. The right to collect rates or compensation for the use 
of water supplied to any county, city, or town, or water district, 
or the inhabitants thereof, is a franchise, and cannot be exercised 
except by authority of and in the manner prescribed by law. 

Sec. 3. The right to divert and appropriate the unappropriated 
waters of any natural stream to beneficial uses, shall never be 
denied. Priority of appropriation shall give the better right as 
between those using the water; but when the waters of any natural 
stream are not sufficient for the service of all those desiring the use 
of the same, those using the water for domestic purposes shall, 
(subject to such limitations as may be prescribed by law) have the 
preference over those claiming for any other purpose. And those 
using the water for agricultural purposes shall have preference 
over those using the same for manufacturing purposes. And in any 
organized mining district, those using the water, for mining pur¬ 
poses, or milling purposes connected with mining, shall have pref¬ 
erence over those using the same for manufacturing or agricultural 
purposes. But the usage by such subsequent appropriators shall 
be subject to such provisions of law regulating the taking of private 
property for public and private use, as referred to in Sec. 14 of 
Article I of this Constitution. 

Sec. 4. Whenever any waters have been, or shall be appropri¬ 
ated, or used, for agricultural purposes, under a sale, rental or 
distribution thereof, such sale, rental, or distribution shall be 
deemed an exclusive dedication to such use; and whenever such 
waters, so dedicated, shall have once been sold, rented or dis¬ 
tributed to any person who has settled upon, or improved land for 
agricultural purposes, with the view of receiving the benefit of 


136 


APPENDIX 


such water under sucn dedication, such person, his heirs, executors, 
administrators, successors or assigns, shall not thereafter without 
his consent, be deprived of the annual use of the same, when 
needed for domestic purposes, or to irrigate the land so settled 
upon or improved, upon payment therefor, and compliance with 
such equitable terms and conditions as to the quantity used and 
times of use, as may be prescribed by law. 

Sec. 5. Whenever more than one person has settled upon, or 
improved land with the view of receiving water for agricultural 
purposes, under a sale, rental or distribution thereof, as in the last 
preceding section of this article, provided, as among such persons, 
priority in time shall give superiority of right to the use of such 
water in the numerical order of such settlements or improvements; 
but whenever the supply of such water shall not be sufficient to 
meet the demands of all those desiring to use the same, such pri¬ 
ority of right shall be subject to such reasonable limitations as to 
the quantity of water used, and times of use, as the legislature, 
having due regard, both to such priority of right, and the neces¬ 
sities of those subsequent in time of settlement or improvement, 
may by law prescribe. 

Sec. 6. The legislature shall provide by law, the manner in 
which reasonable maximum rates may be established to be charged 
for the use of water, sold, rented, or distributed, for any useful 
or beneficial purpose. 


ARTICLE XVI. 

Live Stock. 

Section 1. The legislature shall pass all necessary laws to pro¬ 
vide for the protection of live stock against the Introduction or 
spread of pleura-pneumonia, glanders, spenic, or Texas fever, and 
other infectious or contagious diseases. The legislature may also 
establish a system of quarantine or inspection and such other regu¬ 
lations as may be necessary for the protection of stock owners 
and most conducive to the stock interests within this state. 

ARTICLE XVII. 

State Boundaries. 

Section 1. The name of this state is Idaho, and its boundaries 
are as follows: Beginning at a point in the middle channel of 
Snake river where the northern boundary of Oregon intersects the 
same; then follow down the channel of the Snake river to a point 
opposite the mouth of the Kooskooskla or Clearwater river; thence 
due north to the forty-ninth parallel of latitude; thence east, along 
that parallel to the thirty-ninth degree of longitude west of Wash¬ 
ington; thence south, along that degree of longitude to the crest 
of the Bitter Root mountains; thence southward along the crest 
of the Bitter Root mountains till its intersection with the Rocky 
mountains; thence southward along the crest of the Rocky moun¬ 
tains to the thirty-fourth degree of longitude west of Washington; 


CONSTITUTION OF IDAHO 


137 


thence south along that degree of longitude to the forty-second 
degree of north latitude; thence west, along that parallel, to the 
eastern boundary of the state of Oregon; thence north, along that 
boundary, to the place of beginning. 

ARTICLE XVIII. 

County Organization. 

Section 1. The several counties of the territory of Idaho, as 
they now exist, are hereby recognized as legal subdivisions of this 
state. 

Sec. 2. No county seat shall be removed unless upon petition 
of a majority of the qualified electors of the county, and unless 
two-thirds of the qualified electors of the county, voting on the 
proposition at a general election, shall vote in favor of such re¬ 
moval. A proposition of removal of the county seat shall not be 
submitted in the same county more than once in six years, except 
as provided by existing laws; “No person shall vote at any county 
seat election, who has not resided in the county six months, and 
in the precinct ninety days.” 

Sec. 3. No county shall be divided unless a majority of the 
qualified electors of the territory proposed to be cut off, voting on 
the proposition at a general election, shall vote in favor of such 
division; Provided, That this section shall not apply to the cre¬ 
ation of new counties. No person shall vote at such election who 
has not been ninety days a resident of the territory proposed to be 
annexed. 

When any part of a county is sti'icken off and attached to 
another county, the part stricken off shall be held to pay its ratable 
proportion of all then existing liabilities of the county from which 
it is taken. 

Sec. 4. (Amendment No. 5, effective Dec. 5, 1898.) No new coun¬ 
ties shall be established which shall reduce any county to an area 
of less than four hundred square miles, nor the valuation of its 
taxable property to less than one million dollars. Nor shall any 
new county be formed, which shall have an area of less than 
four hundred square miles, and taxable property of less than one 
million dollars, as shown by the last previous assessment. 

Sec. 5. The legislature shall establish, subject to the provisions 
of this article, a system of county governments which shall be 
uniform throughout the state; and by general laws shall provide 
for township or precinct organization. 

Sec. 6. (Amendment No. 11, effective Nov. 28, 1910.) The legis¬ 
lature, by general and uniform laws, shall provide for the election 
biennially in each of the several counties of the state, of the county 
commissioners, a sheriff, a county treasurer who Is ex-offlcio public 
administrator, a probate Judge, a county superintendent of public 
instruction, a county assessor who is ex-offlcio tax collector, a 
coroner and surveyor. The clerk of the district court shall be ex- 
offlcio auditor and recorder. No other county offices shall be estab- 


138 


APPENDIX 


* 

lished, but the legislature, by general and uniform laws shall 
provide for such township, precinct and municipal officers as public 
convenience may require, and shall prescribe their duties, and fix 
their terms of office. The legislature shall provide for the strict 
accountability of county, township, precinct and municipal officers 
for all fees which may be collected by them, and for all public 
and municipal moneys which may be paid to them, or officially 
come into their possession. The county commissioners may employ 
counsel when necessary. The sheriff, county assessor and ex- 
officio tax collector, auditor and recorder, and clerk of the district 
court shall be empowered by the county commissioners to appoint 
such deputies and clerical assistance as the business of their office 
may require, and said deputies and clerical assistants to receive 
such compensation as may be fixed by the county commissioners. 
The salary and qualifications of the county superintendent shall be 
fixed by law. 

Sec. 7. (Amendment No. 6, effective Dec. 5, 1898.) All county 
officers, and deputies when allowed, shall receive, as full com¬ 
pensation for their services, fixed annual salaries, to be paid 
quarterly out of the county treasury, as other expenses are paid. 

All actual necessary expenses, incurred by any county officer 
or deputy, in the performance of his official duties, shall be a 
legal charge against the county, and may be retained by him 
out of any fees, which may come into his hands. All fees, which 
may come into his hands from whatever source, over and above 
his actual and necessary expenses, shall be turned into a county 
treasury at the end of each quarter. He shall, at the end of each 
quarter, file with the clerk of the board of county commissioners, 
a sworn statement, accompanied by proper vouchers, showing all 
expenses incurred and all fees received, which must be audited 
by the board as other accounts. 

Sec. 8. The compensation provided in section seven (7) for the 
officers therein mentioned, shall be paid by fees or commissions, 
or both, as prescribed by law. All fees and commissions received 
by such officers in excess of the maximum compensation per 
annum provided for each in section seven (7) of this article, shall 
be paid to the county treasurer, for the use and benefit of the 
county. In case the fees received in any one year by any one of 
such officer, shall not amount to the minimum compensation per 
annum therein provided, he shall be paid by the county, a sum 
sufficient to make his aggregate annual compensation equal to such 
minimum compensation. 

Sec. 9. (Amendment No. 6, effective Dec. 5, 1898.) The neglect or 
refusal, of any county officer or deputy to account for and pay 
into the county treasury, any money received, as fees or com¬ 
pensation, in excess of his actual necessary expenses, incurred in 
the performance of his official duties, within ten days after his 
quarterly settlement with the county, shall be a felony, and the 
grade of crime shall be embezzlement of public funds, and be pun¬ 
ishable as provided for such offenses. 


189 


CONSTITUTION OF IDAHO 

% 

Sec. 10. The board of county commissioners shall consist of 
three members whose term of office shall be two years. 

Sec. 11. County, township, and precinct officers shall perform 
such duties as shall be prescribed by law. 

ARTICLE XIX. 

Apportionment. 

Section 1. Until otherwise provided by law, the apportionment 
of the two houses of the legislature shall be as follows: 

(Here follows the apportionment for the first Legislature. For 
present apportionment see page 64.) 

Sec. 2. The several counties shall elect the following members 
of the House of Representatives: 

(Here follows the apportionment for the first Legislature. For 
present apportionment see page 64.) 

ARTICLE XX. 

Amendments. 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in either branch of the legislature, and, if the 
same shall be agreed to by two-thirds of all the members of each 
of the two houses, voting separately, such proposed amendment or 
amendments shall, with the yeas and nays thereon, be entered on 
their journals, and it shall be the duty of the legislature to submit 
such amendment or amendments to the electors of the state, at 
the next general election, and cause the same to be published with¬ 
out delay for at least six consecutive weeks, prior to said election 
in not less than one newspaper of general circulation, published in 
each county; and if a majority of the electors shall ratify the 
same, such amendment or amendments shall become a part of this 
Constitution. 

Sec. 2. If two or more amendments are proposed, they shall be 
submitted in such manner that the electors shall vote for or 
against each of them separately. 

Sec. 3. Whenever two-thirds of the members elected to each 
branch of the legislature shall deem it necessary to call a con¬ 
vention to revise or amend this Constitution, they shall recommend 
to the electors to vote at the next general election, for or against 
a convention, and if a majority of all the electors voting at said 
election shall have voted for a convention, the legislature shall at 
the next session provide by law for calling the same; and such 
convention shall consist of a number of members, not less than 
double the number of the most numerous branch of the legisla¬ 
ture. 

Sec. 4. Any Constitution adopted by such Convention, shall 
have no validity until it has been submitted to, and adopted by, 
the people. 


140 


APPENDIX 


ARTICLE XXI. 

Schedule and Ordinance. 

Section 1. That no inconvenience may arise from a change of 
the territorial government to a permanent state government, it is 
declared that all writs, actions, prosecutions, claims, liabilities, 
and obligations against the territory of Idaho, of whatsoever 
nature and rights of individuals, and of bodies corporate, shall 
continue as if no change had taken place in this government; and 
all process which may, before the organization of the judicial 
department under this Constitution, be issued under the authority 
of the territory of Idaho, shall be as valid as if issued in the name 
of the state. 

Sec. 2. All laws now in force in the territory of Idaho, which 
are not repugnant to this Constitution, shall remain in force until 
they expire by their own limitation or be altered or repealed by 
the legislature. 

Sec. 3. All fines, penalties, forfeitures, and escheats accruing 
to the territory of Idaho, shall accrue to the use of the state. 

Sec. 4. All recognizances, bonds, obligations, or other under¬ 
takings heretofore taken, or which may be taken before the or¬ 
ganization of the judicial department under this Constitution, shall 
remain valid, and shall pass over to and may be prosecuted in 
the name of the state; and all bonds, obligations, or other under¬ 
taking executed by this territory, or to any other officer in his 
official capacity, shall pass over to the proper state authority, and 
to their successors in office for the uses therein respectively ex¬ 
pressed, and may be sued for and recovered accordingly. All 
criminal prosecutions and penal actions which have arisen or 
which may arise before the organization of the judicial depart¬ 
ment under this Constitution, and which shall then be pending, 
may be prosecuted to judgment and execution in the name of the 
State. 

Sec. 5. All officers, civil and military, now holding their offices 
and appointments in this Territory under the authority of the 
United States, or under the authority of this Territory, shall con¬ 
tinue to hold and exercise their respective offices and appointments 
until suspended under this Constitution. 

Sec. 6. This Constitution shall be submitted for adoption or 
rejection, to a vote of the electors, qualified by the laws of this 
Territory to vote at all elections, at an election to be held on the 
Tuesday next after the first Monday in November, A. D. 1889. Said 
election shall be conducted in all respects in the same manner as 
provided by the laws of the territory for general election and the 
returns thereof shall be made and canvassed in the same manner 
and by the same authority as provided in cases of such general 
elections, and abstracts of such returns duly certified, shall be 
transmitted to the board of canvassers now provided by law for 
canvassing the returns of votes for delegate in Congress. The said 
canvassing board shall canvass the votes so returned, and certify 


CONSTITUTION OF IDAHO 


141 


and declare the result of said election in the same manner, as is 
required by law for the election of said delegate. 

At the said election, the ballots shall be in the following form: 
For the Constitution: Yes. No. 

And as a heading to each of said ballots shall be printed on 
each ballot, the following instructions to voters: 

All persons who desire to vote for the Constitution, or any of 
the articles submitted to a separate vote, may erase the word 
“no”. 

All persons who desire to vote against the Constitution, or 
against any article submitted separately, may erase the word 
“yes”. 

Any person may have printed or written on his ballot only the 
words, “For the Constitution”, or “Against the Constitution”, and 
such ballots shall be counted for or against the Constitution ac¬ 
cordingly. 

Sec. 7. This Constitution shall take effect and be in full force 
immediately upon the admission of the territory as a State. 

Sec. 8. Immediately upon the admission of the Territory as a 
State, the Governor of the Territory, or in case of his absence or 
failure to act, the Secretary of the Territory or in case of his 
absence or failure to act, the President of this convention, shall 
issue a proclamation, which shall be published, and a copy thereof 
mailed to the chairman of the board of county commissioners of 
each county, calling an election by the people of all state, district, 
county, township, and other officers, created and made elective by 
this Constitution, and fixing a day for such election, which shall 
not be less than forty days after the date of such proclamation, 
nor more than ninety days after the admission of the Territory as 
a State. 

Sec. 9. The board of commissioners of the several counties shall 
thereupon order such election for said day, and shall cause notice 
thereof to be given, in the manner and for the length of time 
provided by the laws of the Territory in cases of general elections 
for delegate to Congress, and county and other officers. Every 
qualified elector of the Territory, at the date of said election, shall 
be entitled to vote thereat. Said election shall be conducted in all 
respects in the same manner as provided by the laws of the Ter¬ 
ritory for general elections, and the returns thereof shall be made 
and canvassed in the same manner, and by the same authority as 
provided in cases of such general election; but returns for all 
state and district officers and members of the legislature, shall be 
made to the canvassing board hereinafter provided for. 

Sec. 10. The governor, secretary, controller, and attorney gen¬ 
eral of the Territory, and the president of this convention, or a 
majority of them, shall constitute a board of canvassers to canvass 
the vote at such elections for all state and district officers and 
members of the legislature. The said board shall assemble at the 
seat of government of the Territory on the thirtieth day after the 


142 


APPENDIX 


date of such election (or on the following day if such day fall on 
Sunday) and proceed to canvass the votes for all state and district 
officers and members of the legislature, in the manner provided 
by the laws of the Territory for canvassing the vote for delegates 
to Congress, and they shall issue certificates of election to the 
persons found to be elected to said offices severally, and shall make 
and file with the secretary of the territory, an abstract certified 
by them, of the number of votes cast for each person for each of 
said offices, and of the total number of votes cast in each county. 

Sec. 11. The canvassing boards of the several counties shall 
issue certificates of election to the several persons found by them 
to have been elected to the several county and precinct offices. 

Sec. 12. All officers elected at such election, shall, within thirty 
days after they have been declared elected, take the oath required 
by this Constitution, and give the same bond required by the law 
of the Territory to be given in case of like officers of the Terri¬ 
tory, district or county, and shall thereupon enter upon the duties 
of their respective offices; but the legislature may require by law 
all such officers to give other or further bonds as a condition of 
their continuance in office. 

Sec. 13. All officers elected at such election, shall hold their 
offices until the legislature shall provide by law, in accordance 
with this Constitution, for the election of their successors, and 
until such successors shall be elected and qualified. 

Sec. 14. The governor-elect of the state, immediately upon his 
qualifying and entering upon the duties of his office, shall issue 
his proclamation convening the legislature of the State at the seat 
of government, on a day to be named in said proclamation, and 
which shall not be less than thirty nor more than sixty days after 
the date of such proclamation. Within ten days after the organiza¬ 
tion of the legislature, both houses of the legislature shall then 
and there proceed to elect, as provided by law, two senators of 
the United States for the State of Idaho. At said election the two 
persons who shall receive the majority of all votes cast by said 
senators and representatives, shall be elected as such United 
States senators, and shall be so declared by the presiding officers of 
said joint session. The presiding officers of the Senate and House, 
shall issue a certificate to each of said senators, certifying his 
election, which certificates shall also be signed by the governor and 
attested by the secretary of state. 

Sec. 15. The legislature shall pass all necessary laws to carry 
into effect the provisions of this Constitution. 

Sec. 16. Whenever any two of the judges of the supreme court 
of the State, elected under the provisions of this Constitution, 
shall have qualified in their offices, the causes then pending in 
the supreme court of the Territory, and the papers, records, and 
proceedings of said court, and the seal and other property per¬ 
taining thereto, shall pass into the jurisdiction and possession of 
the supreme court of the State, and until so superseded, the 


CONSTITUTION OF IDAHO 


143 


supreme court of the Territory and the judges thereof shall con¬ 
tinue with like powers and jurisdiction, as if this Constitution had 
not been adopted. Whenever the judge of the district court of any 
district elected under the provisions of this Constitution shall have 
qualified in office, the several causes then pending in the district 
court of the Territory within any county in such district, and the 
records, papers, and proceedings of said district court, and the 
seal and other property pertaining thereto, shall pass into the 
jurisdiction and possession of the district court of the State for 
such county; and until the district courts of this Territory shall be 
superseded in the manner aforesaid, the said district courts and 
the judges thereof shall continue with the same jurisdiction and 
power to be exercised in the same judicial districts respectively 
as heretofore constituted under the laws of the Territory. 

Sec. 17. Until otherwise provided by law the seals now in use 
in the supreme and district courts of this Territory are hereby 
declared to be the seals of the supreme and district courts, re¬ 
spectively, of the State. 

Sec. 18. Whenever this Constitution shall go into effect, the 
books, records and papers, and proceedings of the probate court in 
each county, and all causes and matters of administration and 
other matters pending therein, shall pass into the jurisdiction and 
possession of the probate court of the same county of the State, 
and the said probate court shall proceed to final decree or judg¬ 
ment, order or other determination in the said several matters 
and causes as the said probate court might have done as if this 
Constitution had not been adopted. 

Sec. 19. It is ordained by the State of Idaho that perfect toler¬ 
ation of religious sentiment shall be secured, and no inhabitant of 
said State shall ever be molested in person or property on ac¬ 
count of his or her mode of religious worship. And the people of 
the State of Idaho do agree and declare that we forever disclaim 
all right and title to the unappropriated public lands lying within 
the boundaries thereof, and to all lands lying within said limits 
owned or held by any Indians or Indian tribes; and until the title 
thereto shall have been extinguished by the United States, the 
same shall be subject to the disposition of the United States, and 
said Indian lands shall remain under the absolute jurisdiction and 
control of the Congress of the United States; that the lands be¬ 
longing to citizens of the United States, residing without the said 
State of Idaho, shall never be taxed at a higher rate than the 
lands belonging to the residents thereof. That no taxes shall be 
imposed by the state on the lands or property therein belonging 
to, or which may hereafter be purchased by the United States, 
or reserved for its use.. And the debts and liabilities of this 
Territory shall be assumed and paid by the State of Idaho. That 
this ordinance shall be irrevocable, without the consent of the 
United States and the people of the State of Idaho. 


144 


APPENDIX 


Sec. 20. That in behalf of the people of Idaho we, in convention 
assembled, do adopt the Constitution of the United States. 


Done in open convention at Boise City, in the Territory of 
Idaho, this sixth day of August, in the year of our Lord one 
thousand eight hundred and eighty-nine. 


WM. H. CLAGGETT, Pres., 
GEO. AiNSLEE, 

W. C. B. ALLEN, 

ROB’T ANDERSON, 

H. ARMSTRONG, 

ORLANDO B. BATTEN, 
FRANK W. BEANE, 

JAS. H. BEATTY, 

J. W. BALLENTINE, 

JOHN S. GRAY, 

WM. W. HAMMELL, 

H. S. HAMPTON, 

H. O. HARKNESS, 

FRANK HARRIS, 

SOL. HASBROUCK, 

C. M. HAYS, 

W. B. HEYBURN, 

JOHN HOGAN, 

J. M. HOWE, 

E. S. JEWELL, 

G. W. KING, 

H. B. KINPORT, 

JAS. W. LAMOREAUX, 
JOHN LEWIS, 

WM. C. MAXEY, 

A. E. MAYHEW, 
w. j. McConnell, 

HENRY MELDER, 

JOHN H. MYER, 

JOHN T. MORGAN, 

A. B. MOSS, 

AARON F. PARKER, 


A. D. BEVAN, 

HENRY B. BLAKE, 
FREDERICK CAMPBELL, 
FRANK P. CAVANAH, 

A. S. CHANEY, 

CHAS. A. CLARK, 

I. N. COSTON, 

JAS. I. CRUTCHER, 
STEPHEN S. GLIDDEN, 

A. J. PIERCE, 

A. J. PINKHAM, 

J. W. POE, 

THOS. PYEATT, 

JAS. W. REID, 

W. D. ROBBINS, 

WM. H. SAVIDGE, 

AUG. M. SINNOTT, 

JAMES M. SHOUP, 

DREW W. STANDROD, 
FRANK STEUNENBERG, 
HOMER STULL, 

WILLIS SWEET, 

SAM. F. TAYLOR, 

J. L. UNDERWOOD, 
LYCURGUS VINEYARD, 

J. S. WHITTON, 

EDGAR WILSON, 

W. W. WOODS, 

JOHN LEMP, 

N. I. ANDREWS, 

SAMUEL J. PRITCHARD, 
J. W. BRIGHAM. 


DECLARATION OF INDEPENDENCE 

[From a facsimile of the original Parchment.] 

THE UNANIMOUS DECLARATION OF THE THIRTEEN 
UNITED STATES OF AMERICA. 

When in the Course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 
them with another, and to assume among the powers of the earth, 
the separate and equal station to which the Laws of Nature and of 
Nature’s God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes which impel 
them to the separation.—We hold these truths to be self-evident, 
that all men are created equal, that they are endowed by their 
Creator with certain unalienable Rights, that among these are Life, 
Liberty and the pursuit of Happiness.—That to secure these rights, 
Governments are instituted among Men, deriving their just powers 
from the consent of the governed.—That whenever any Form of 
Government becomes destructive of these ends, it is the Right of 
the People to alter or to abolish it, and to institute new Govern¬ 
ment, laying its foundation on such principles and organizing its 
powers in such form, as to them shall seem most likely to effect 
their Safety and Happiness. Prudence, indeed, will dictate that 
Governments long established should not be changed for light and 
transient causes; and accordingly all experience hath shewn, that 
mankind are more disposed to suffer, while evils are sufferable, 
than to right themselves by abolishing the forms to which they are 
accustomed. But when a long train of abuses and usurpations, 
pursuing invariably the same Object evinces a design to reduce 
them under absolute Despotism, it is their right, it is their duty, 
to throw off such Government, and to provide new Guards for their 
future security.—Such has been the patient sufferance of these 
Colonies; and such is now the necessity which constrains them to 
alter their former Systems of Government. The history of the 
present King of Great Britain is a history of repeated injuries and 
usurpations, all having in direct object the establishment of an 
absolute Tyranny over these States. To prove this, let Facts be 
submitted to a candid world.—He has refused his Assent to Laws, 
the most wholesome and necessary for the public good.—He has 
forbidden his Governors to pass Laws of immediate and pressing 
importance, unless suspended in their operation till his Assent 
should be obtained; and when so suspended, he has utterly neg¬ 
lected to attend to them.—He has refused to pass other Laws for 
the accommodation of large districts of people, unless those people 
would relinquish the right of Representation in the Legislature, a 
right inestimable to them and formidable to tyrants only.—He has 
called together legislative bodies at places unusual, uncomfortable, 


CG-10 


146 


APPENDIX 


and distant from the depository of their public Records, for the 
sole purpose of fatiguing them into compliance with his measures. 
—He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the people.—He 
has refused for a long time, after such dissolutions, to cause others 
to be elected; whereby the Legislative powers, incapable of An¬ 
nihilation, have returned to the People at large for their exercise; 
the State remaining in the mean time exposed to all the dangers of 
invasion from without, and convulsions within.—He has en¬ 
deavoured to prevent the population of these States; for that pur¬ 
pose obstructing the Laws for Naturalization of Foreigners; 
refusing to pass others to encourage their migrations hither, and 
raising the conditions of new Appropriations of Lands.—He has 
obstructed the Administration of Justice, by refusing his Assent to 
Laws for establishing Judiciary powers.—He has made Judges de¬ 
pendent on his Will alone, for the tenure of their offices, and the 
amount and payment of their salaries.—He has erected a multitude 
of New Offices, and sent hither swarms of Officers to harrass our 
people, and eat out their substance.—He has kept among us, in 
times of peace, Standing Armies without the Consent of our legis¬ 
latures.—He has affected to render the Military independent of and 
superior to the Civil power.—He has combined with others to sub¬ 
ject us to a jurisdiction foreign to our constitution, and unacknowl¬ 
edged by our laws; giving his Assent to their Acts of pretended 
Legislation:—For quartering large bodies of armed troops among 
us:—For protecting them, by a mock Trial, from punishment for 
any Murders which they should commit on the Inhabitants of these 
States:—For cutting off our Trade with all parts of the world:—For 
imposing Taxes on us without our Consent:—For depriving us in 
many cases, of the benefits of Trial by Jury:—For transporting us 
beyond Seas to be tried for pretended offences:—For abolishing the 
free System of English Laws in a neighbouring Province, estab¬ 
lishing therein an Arbitrary government, and enlarging its Boun¬ 
daries so as to render it at once an example and fit instrument for 
introducing the same absolute rule into these Colonies:—For taking 
away our Charters, abolishing our most valuable Laws, and altering 
fundamentally the Forms of our Governments:—For suspending our 
own Legislatures, and declaring themselves invested with power 
to legislate for us in all cases whatsoever.—He has abdicated Gov¬ 
ernment here, by declaring us out of his Protection and waging 
War against us.—He has plundered our seas, ravaged our Coasts, 
burnt our towns, and destroyed the Lives of our people.—He is at 
this time transporting large Armies of foreign Mercenaries to com- 
pleat the works of death, desolation and tyranny, already begun 
with circumstances of Cruelty & perfidy scarcely paralleled in the 
most barbarous ages, and totally unworthy the Head of a civilized 
nation.—He has constrained our fellow Citizens taken Captive on 
the high Seas to bear Arms against their Country, to become the 
executioners of their friends and Brethren, or to fall themselves 
by their Hands.—He has excited domestic insurrections amongst 


DECLARATION OF INDEPENDENCE 


147 


us, and has endeavoured to bring on the inhabitants of our fron¬ 
tiers, the merciless Indian Savages, whose known rule of warfare, 
is an undistinguished destruction of all ages, sexes and conditions. 
In every stage of these Oppressions We have Petitioned for Redress 
in the most humble terms: Our repeated Petitions have been an¬ 
swered only by repeated injury. A Prince, whose character is thus 
marked by every act which may define a Tyrant, is unfit to be 
the ruler of a free people. Nor have We been wanting in atten¬ 
tions to our British brethren. We have warned them from time 
to time of attempts by their legislature to extend an unwarrant¬ 
able jurisdiction over us. We have reminded them of the circum¬ 
stances of our emigration and settlement here. We have appealed 
to their native justice and magnanimity, and we have conjured 
them by the ties of our common kindred to disavow these usurpa¬ 
tions, which, would inevitably interrupt our connections and cor¬ 
respondence. They too have been deaf to the voice of justice and 
of consanguinity. We must, therefore, acquiesce in the necessity, 
which denounces our Separation, and hold them, as we hold the 
rest of mankind, Enemies in War, in Peace Friends.— 

We, therefore, the Representatives of the United States of 
America, in General Congress, assembled, appealing to the Su¬ 
preme Judge of the world for the rectitude of our intentions, do, 
in the Name, and by Authority of the good People of these Colonies, 
solemnly publish and declare, That these United Colonies are, and 
of Right ought to be. Free and Independent States; that they are 
Absolved from all Allegiance to the British Crown, and that all 
political connection between them and the State of Great Britain, 
is and ought to be totally dissolved; and that as Free and Inde¬ 
pendent States, they have full Power to levy War, conclude Peace, 
contract Alliances, establish Commerce, and to do all other Acts 
and Things which Independent States may of right do.—And for 
the support of this Declaration, with a firm reliance on the pro¬ 
tection of divine Providence, we mutually pledge to each other our 
Lives, our Fortunes and our sacred Honor. 


JOHN HANCOCK. 


Massachusetts Bay 

Sami. Adams, 

John Adams, 

Robt. Treat Paine, 
Elbridge Gerry. 


Nevp Hampshire 

Josiah Bartlett,* 
Wm. Whipple, 
Matthew Thornton. 


Nevo York 

Wm. Floyd, 

Phil. Livingston, 
Frans. Lewis, 
Lewis Morris. 


Wm. Williams, 
Oliver Wolcott. 


Benja. Franklin, 
John Morton, 
Geo. Clymer, 

Jas. Smith, 

Geo. Taylor, 
James Wilson, 
Geo. Ross. 


Rhode Island 

Step. Hopkins, 
William Ellery 


New Jersey 

Richd. Stockton, 
Jno. Witherspoon, 
Fras. Hopkinson, 
John Hart, 

Abra. Clark. 


Deleware 

Caesar Rodney, 
Geo. Read, 

Tho. M’Kean. 


Maryland 

Samuel Chase, 


Connecticut 

Roger Sherman, 
Sam’el Huntington, 


Pennsylvania 

Robt. Morris, 
Benjamin Rush, 


Wm. Paca, 
Thos. Stone, 


± iiUo. kJlUUC, 

Charles Carroll of 


Carrollton. 


148 


APPENDIX 


Virginia 

George Wythe, 
Richard Henry Lee, 

Th Jefferson, 

Benja. Harrison, 

Thos. Nelson, jr., 
Francis Lightfoot Lee, 
Carter Braxton. 

♦The signatures to 

as signed. 


North Carolina 
Wm. Hooper, 
Joseph Hewes, 
John Penn. 


Thomas Lynch, Junr., 
Arthur Middleton. 


Georgia 


South Carolina Button Gwinnett, 

Edward Rutledge, Lyman Hall, 

Thos. Heyward, Junr., Geo. Walton. 


the Declaration of Independence are printed 


INDEX 


A 

Academy of Idaho, 86. 

Actions at law, 55. 

Annual meeting, school, 27. 
Apportionment school funds, 30. 
Aristocracy, 8. 

Assessment, 99. 

Asessor, 46. 

Attorney General, 76. 

Attorneys at law, 94. 

Auditor, county, 47, 99; State, 75. 
Australian ballot system, 16. 

B 

Ballot boxes, 19. 

Bank commissioner, 81. 

Bellevue, 36. 

Bill, 68. 

Black law, 40. 

Board, school, 28; county com¬ 
missioners, 42, 99; of educa¬ 
tion, state, 82; of health, 43, 80; 
of arbitration, 82; of canvass¬ 
ers, 82; of examiners, 83; of 
pardons and prison commis¬ 
sioners, 84. 

Boise, 32, 35. 

Boundaries of State, 60. 

C 

Candidate, how to become, 22. 
Canvassing votes, 19. 

Cash value defined, 99. 

Census, school, 29. 

Central committees, 24. 
Certiorari, writ of, 93. 

Charter, 32. 

Chief Justice, 91. 

City or town, 11. 

City courts, 38. 

City of the second class, 36, 39. 
City officers, 37. 

Class A Independent district, 32. 
Clerk of district court, 47; of 
House of Representatives, 67; 
of school board, 29. 
Commission form of gov’m’t, 40. 
Commissioners, county, 14, 42; 
road, 50. 

Compulsory education, 33. 
Congressional districts, 105. 
Constable, 49. 

Constitution, 107. 

Convention, National, 25. 
Coroner, 47. 

Council, city, 36, 40; village, 38. 
Counties of State, 51. 

Counting votes, 19, 24. 


County attorney, 48; central 
committee, 24; clerk, 47; offi¬ 
cers, 42; seats, 52; superintend¬ 
ent, 46. 

County, origin of, 10. 

Courts, district, 54; justice of 
the peace, 49; juvenile, 44; of 
Claims, 94; probate, 43; Su¬ 
preme, 91. 

Crimes, 56. 

D 

Dairy, Food and Sanitary In¬ 
spector, 80. 

Deaf, Dumb, Blind school, 87. 
Declaration of Independence, 7. 
Declaration of Rights, 61, 107. 
Delinquent child defined, 44. 
Delinquent taxes, 101. 
Democracy, 8. 

Departments of government, 63. 
Direct primary, 22. 

Disease, prevention of, 33. 
Disqualified from voting, 15; 

serving as juror, 57. 
Distribution of school funds, 30. 
District, judicial, 53; road, 50; 

school, 11, 26; water, 96. 
District judge, 53. 

Duties, 7. 

E 

Education, 26. 

Election officers and duties, 19. 
Election, primary, 24. 

Electors, presidential, 104. 
Elector’s oath, 15. 

Emmett, 32. 

Engineer, State, 78. 
Examinations, 46, 83, 84. 
Executive officers, city, 37; coun¬ 
ty, 42; state, 72, 77; village, 38. 
Exempt from jury duty, 57; 
from taxation, 102. 

F 

Family, government of, 12. 

Fees, 51. 

Felony, 56. 

Fish and Game Warden, 78. 
Formation of cities and villages, 
39; of school districts, 26. 

Q 

Game Warden, 78. 

Good road district, 50. 
Government, origin, forms, 7, 8. 
Governor, 73. 

Grain commission, 81. 

Grand jury, 57. 





ISO 


INDEX 


H 

Habeas corpus, 93. 

Hay and Grain Inspector, 82. 
High school, rural, 32. 

Highway district, 50. 

Highway commission, 84. 
Historical society, 97. 

Home government, 12. 
Horticultural inspection, 80. 
House of Representatives, 64. 
How a bill becomes a law, 68. 
How brought to trial, 55. 

How to become a candidate, i2. 
How lo \ote, 20. 

I 

Idaho, 59. 

Immigration, Labor and Stat¬ 
istics, 79. 

Impeachment, 90. 

Importance of voting, 16. 
Independent school district, 31. 
Indictment, 55, 58. 

Industrial school, 45, 86. 
Initiative, referendum and re¬ 
call, 103. 

Injunction, writ of, 93. 

Insane asylums, 85. 

Inspector of mines, 77. 

Insurance commissioner, 79. 
Irrigation, 96. 

J 

Judge, district, 53; juvenile, 44; 
police, 38; probate, 43; Su¬ 
preme, 91. 

Judicial department, 90. 

Judicial districts, 53. 

Jurisdiction, district court, 54; 
justice court, 49; police court, 
38; probate court, 43; Supreme 
Court, 92. 

Jurors, qualifications, etc., 57. 
Jury, grand, 57; petit, 56. 

Justice of the peace, 49. 

Juvenile disorderly persons, 45. 

K 

Kinds of actions at law, 55. 
Kinds of government, 8. 

Kinds of taxes, 98, 101. 

L 

Land Board, 83. 

Laws, how made, 68. 

Legislature, 64. 

Lewiston, 32, 36. 

Library, school, 29; State law, 
94; traveling, 88. 

Lieutenant Governor, 74. 

Live Stock Sanitary Board, 81. 
Local government, 10. 

Local option, 102. 


M 

Mandamus, writ of, 92 . 
Manner of voting, 20. 

Mayor, 37. 

Meetings, school board, 28. 
Militia, 97. 

Mine Inspector, 77. 

Misdemeanor, 56. 

Monarchy, 8. 

Municipal corporations, 35. 

N 

Nation and state, 8. 

National conventions, 25. 

Nature of Federal governm’t, 8. 
Necessity for government, 7. 
Nomination, 21. 

Normal schools, 86. 

O 

Oath of elector, 15. 

Objects of government, 7. 
Officers, city, 37; county, 42; 

State, 72, 77. 

Ordinance, 36. 

Overseer, road, 50. 

P 

Pardons, 84. 

Parties, political, 21. 

Party platforms, 25. 

Penitentiary, 85. 

Petit jury, 56. 

Political party defined, 21. 
Polling place, model, 17. 

Poll tax, 50, 98. 

Preamble to constitution, 61, 107. 
Precinct, 14, 48. 

Predatory Animal fund, 101. 
Primary ballot, 23; election, 21. 
Prison commissioners, 84. 
Privileges of legislators, 65. 
Probate judge and court, 43. 
Property tax, 98. 

Prosecuting attorney, 48. 

Pupils of school age, 29. 

Q 

Qualifications, of jurors, 57; of 
voters, 14. 

Quorum, Legislature, 68. 

R 

Recall, 103. 

Referendum, 103. 

Register of deeds, 47. 

Registrar of precinct, 14. 
Registration, 14. 

Representatives, 64. 

Republic, 8. 

Results of election, 19. 

Revenue, 98. 

Rights, 7, 61, 107. 




INDEX 


151 


Road district, 50. 

Rules of Legislature, 67. 
Rural high schools, 32. 


S 

Salaries, county officers, 50; leg¬ 
islators, 66; state officers, 88. 

Sample ticket, 18. 

Sanitarium, State, 86. 

School census, 29; district, 11; 
funds, 26, 30. 

Schools, need of, 26; normal, 86. 

Seal of State, 62. 

Secretary of Senate, 67; of State, 
74; of Board of Health, 80. 

Senate, 64. 

Sergeant at arms, 67. 

Sessions of Legislature, 66. 

Sheriff, 43. 

Soldiers’ Home, 85. 

Speaker, 67. 

Special charters, 32, 35. 

State, the, 9. 

State Board of Arbitration, 82; 
Canvassers, 20, 82; Education, 
82; Equalization, 83, 99; Exam¬ 
iners, 83; Health, 80; Horticul¬ 
tural Inspection, 80; Irrigation, 
96; Land Commissioners, 83; 
Pardons, 84; Prison Commis¬ 
sioners, 84. 

State central committee, 24; offi¬ 
cers, 72, 77; tax, 100; Univers¬ 
ity, 86. 

Superintendent, county, 46; 
State, 76. 

Supervisors, road, 50. 

Supreme Court, 91. 


Summer normal schools, 87. 
Surveyor, 47. 

T 

Taxation, system of, 98. 

Text book commission, 87. 
Ticket, sample, 18. 

Town or city, 11. 

Township, 10. 

Treasurer, city, 38; county, 43; 
State, 75. 

Traveling library, 88. 

Trial by jury, 56. 

Trustees, Capitol grounds, 85; 
school, 29; Soldiers’ Home, 85; 
village, 38. 

U 

Union, when effected, 9. 

United States, 8, 104; Represen¬ 
tatives and Senators, 105. 
University, 86. 

V 

Vacancies, 26, 73. 

Valuation, 99. 

Veterinary Surgeon, State, 81. 
Veto, 73. 

Village government, 35, 38. 
Voters, qualifications, etc., 14. 
Voting, process of. 20. 

W 

Warrants, 43, 75. 

Watermasters, 96. 

Water rights, 96. 

Writs issued by Supreme Court, 
92. 











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